337

Trump judge?

Trump judge.

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[-] maxinstuff@lemmy.world 6 points 1 day ago* (last edited 1 day ago)

Aren’t non-competes basically unenforceable anyway? At least for individual contributors. You can’t contractually ban an individual from making money from their literal profession.

Senior execs and company founders with privileged information are a different story.

Not American, but in my country non-compete clauses are routinely put into employment contracts even though they have been demonstrated to be illegal in most cases.

It’s simply used to intimidate the ignorant.

[-] homesweethomeMrL@lemmy.world 2 points 1 day ago

Depends on how bad you want to go to court, and how big of an asshole your former company is.

Intimidating the ignorant is bad though.

When I was at the worker's council in a company a couple decades ago, we insisted that the company update the contracts to remove illegal clauses. The companies' position was that since they were illegal and therefore unenforceable that they did not matter. We argued that employees are less likely to know which particular laws impact which clause of their contracts than, say, full-time HR staff. And that not knowing they might assume that they are legal.

I'm happy to have moved to a country with worker councils in the law to protect workers in this way.

[-] TheReturnOfPEB@reddthat.com 21 points 2 days ago

Biden should overrule that as an official act.

[-] RagingRobot@lemmy.world 10 points 2 days ago

Yeah he could still go ahead with the student loan relief too for that matter. All the stuff they say no to he has the power to say yes again now

[-] sunzu@kbin.run 110 points 3 days ago

Have the courts ever addressed the conflict between "employment at will" and this?

On side, we get rid of you when and how we please...

But you can't go get another job because "slave master has property interest in you"

It seems like "master" mentality is still very strong within elites.

[-] jonne@infosec.pub 52 points 3 days ago

Judges aren't interested in being consistent, it's just about oppressing you and upholding capital.

[-] sunzu@kbin.run 30 points 3 days ago

Yes it does appear to be that way. Even when Congress does a good thing, it gets stalled or shut down.

Can't rely on elected officials to deliver proper laws, executive appears to be useless and judges will stop any progress.

How many generations of this now 2 or 3?

[-] grue@lemmy.world 15 points 3 days ago

How many generations of this now 2 or 3?

It's been continuous since colonial times. It's an unbroken thread from "indentured servitude" and "slavery," to "sharecropping" and "vagrancy"/"convict leasing," to "non-compete agreements" and prison labor being managed by prisons directly (instead of having inmates leased out).

[-] sunzu@kbin.run 7 points 3 days ago

most people aint ready for this one lol

[-] grue@lemmy.world 9 points 3 days ago* (last edited 3 days ago)

To be fair, I wasn't entirely happy with my comment either. There was something missing, and I just figured out what it was.

Along with "sharecropping" I should've mentioned "sweatshops," and along with "non-compete agreements" I should've mentioned anti-union laws like "right-to-work" and "at-will employment."

[-] duderium2@lemmy.world 19 points 2 days ago* (last edited 2 days ago)

What is the point of “democracy” in the USA if unelected judges who were appointed by presidents who lost the popular vote but won the presidency due to the slaveowner-designed electoral college can just nullify anything that is even slightly good? It’s almost as though amerikkka has always been a fascist dictatorship toward anyone who is not a rich white male and that this country desperately needs a communist revolution right now.

[-] CompassRed@discuss.tchncs.de 93 points 3 days ago

sets a dangerous precedent where the government knows better than the markets

Wtf. You could say this about literally any law. Outlawing murder-for-hire sets a dangerous precedent where the government knows better than the markets. Making people pay income tax sets a dangerous precedent where the government knows better than the markets. Speed limits set a dangerous precedent where the government knows better than the markets. What a terrible argument.

[-] Zaktor@sopuli.xyz 26 points 3 days ago

No kidding. Even regular staunch capitalists recognize that regulation is sometimes necessary. Regulation against anti-competitive practices exists because a market left to its own devices will devolve into monopolies that will be much less efficient than a competitive market. Non-competes are just employers establishing monopolies over their workforce.

[-] sunzu@kbin.run 6 points 3 days ago

a market left to its own devices will devolve into monopolies

I would posit it devolves into either slavery or serfdom based on historical records. We all started "in free market" lol

Even regular staunch capitalists recognize that regulation is sometimes necessary.

Most people can't the differentiate between capitalism and free market on conceptual level

[-] Honytawk@lemmy.zip 8 points 2 days ago

The thing is that the government absolutely knows better than the markets.

Left unchecked, markets would bring back slavery.

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[-] Burn_The_Right@lemmy.world 21 points 2 days ago

In all of human history, conservatives have oppressed the normal people. That's just who conservatives are at their core. They are natural, instinctive oppressors.

Never in history have conservatives been defeated by pacifism. Never. Swift, direct, forceful action is always required to defeat them.

The slower we are to act, the less likely we are to survive this. Every normal person you know is in mortal danger and no one is coming to save us. We need action.

[-] duderium2@lemmy.world 0 points 2 days ago* (last edited 2 days ago)

It would be nice if liberals like biden and his supporters stopped either enabling or aping conservatives.

[-] tiefling@lemmy.blahaj.zone 3 points 2 days ago
[-] duderium2@lemmy.world 0 points 1 day ago

Yes, Biden is a liberal, which is one of many reasons why he supports genocide. It’s nothing new for liberals. Just look at the history of the USA for instance. This hellhole couldn’t exist without genocide.

[-] dogslayeggs@lemmy.world 52 points 3 days ago

My first question coming into this thread was, "is this a Trump judge?" I'm glad OP answered that in the post!

[-] homesweethomeMrL@lemmy.world 34 points 3 days ago

It’s always a Trump judge!™

It’s the legal corollary to “Did Trump actually say this fucked up thing?” Ha ha! You know he did, Timmy.

[-] Ranvier@sopuli.xyz 13 points 3 days ago* (last edited 3 days ago)

Also in the northern district of Texas. I smell some judicial venue shopping. Northern district of Texas is basically now the Mordor of the legal world.

[-] FlyingSquid@lemmy.world 25 points 3 days ago

"Corporations are presidents, my friend!"

[-] homesweethomeMrL@lemmy.world 7 points 3 days ago

Sad but true.

[-] lone_faerie@lemmy.blahaj.zone 10 points 3 days ago

So how big of a tip do we think this company gave when the judge swiveled her iPad around?

[-] FuglyDuck@lemmy.world 16 points 3 days ago
[-] dohpaz42@lemmy.world 21 points 3 days ago

Not everyone was a fan of the non-compete ban, this year or last. Republicans and other proponents of the clauses said they help prevent trained employees and their skills from being poached by competitors.

Wah! Pay people better and treat them like real people and they won’t need to be poached.

[-] FuglyDuck@lemmy.world 15 points 3 days ago

What's hilarious is that they don't really do all that much training anymore.

They just hire people who already have the skills. or tell people to "figure it out". They might pay you to go to a conference or something to improve skills... if those skills are hard to come by. It's a cost benefit analysis, and new-hires are generally cheaper.

[-] kamenoko@sh.itjust.works 6 points 2 days ago

That's the Free Market. Your skills to the highest bidder. Where are their strong libertarian values lol?

[-] Zaktor@sopuli.xyz 10 points 3 days ago

they help prevent trained employees and their skills from being ~~poached~~ given optimal pay according to market forces by competitors.

This is fundamentally an anti-free-market opinion. But Republicans don't care about markets, they care about corporations.

[-] TipRing@lemmy.world 15 points 3 days ago

Looks like a limited injunction so far, but she intends to rule before the ban goes into effect and we can probably guess whose side this Federalist Society judge will come down on.

[-] sunzu@kbin.run 5 points 3 days ago

Could be stalling tactic to appease her handlers... what legal argument is there for blocking this?

Did DoL issue this ruling? I guess could be first post chevron consequence?

[-] werefreeatlast@lemmy.world 6 points 3 days ago

In my field of work this is relatively important. For one thing there are company secrets that give the company an edge temporarily. Those things you generally don't patent because you don't want to disclose them yet.

So if you could just find another job and tell others these things, then yeah that could hurt a company. Usually we keep those things a just need to know level. So the guy who orders parts or the lady who does budgets don't get to know details.

But then on the overall it hurts us workers because we would like to be paid more or get a promotion or a new higher income somewhere else. But we are trapped. But I think this sort of thing is very niche. I mean, I literally spent 3 years of my life trying to find another team member with the right engineering background.

And it also hurts the country overall. People who know the technology are few and far apart so when we loose one to old age or disease so goes all that knowledge.

I for one try to grow engineers. I find those who are open minded and hungry for new ideas and then I bring them to the water. If the donkey drinks, then my job is done. It's really hard to see one of my guys just leave. It's years of my life and effort gone. But for them, it's spin-off open season. Or maybe they teach others the principles we developed together. And this in turn makes better and more engineers. Putting a limit on what we can say or do just sucks balls.

[-] 555_2@lemmy.world 17 points 3 days ago

Sounds like your field of work should pay their employees a lot and treat them well.

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this post was submitted on 03 Jul 2024
337 points (98.6% liked)

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