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How did non-competes suddenly become big news? Has there been some recent change to laws surrounding the non-compete?

I'm seeing articles everywhere about it. Some of them are politically slanted against the current administration, but I can't recall any party doing anything about it for some time.

If I look at California and Texas (blue & red), in one it is legally unenforceable and the other it is practically unenforceable.

None of articles about non competes seem to have any details either. It all seems to be a hypothetical. They seem forced and driven by something else (or are they just copying each other).

Just me?




When combined with stories about the average american having roughly zero savings and negative net worth, the strategy is very SLAPP in that very few americans can financially afford to respond to a letter from a lawyer or a lawsuit even if a win is guaranteed.

There is also synergy where even a miracle free lawyer none the less requires time off from work. "I need time off on Monday for court, previous employer problem" "Oh OK you're fired take all the time you want".

Finally like many legal agreements they're primarily CYA.


If you follow the link from Krugman's column to the NY Times series [0] you'll find a wealth of details with specific examples of harm to employees.

[0] https://www.nytimes.com/2017/05/13/business/noncompete-claus...


And the article's HN discussion from last week with 380+ comments:

https://news.ycombinator.com/item?id=14332006


Certainly I think they're a real issue, but I've gone from seeing an article or two a year to 5-10 in the last month. What changed?


Answering my own question (and yours), I guess I've seen a number attached to it recently, and the press does love numbers. Thirty million is the number being repeated, so maybe it's a case of copying and an unlikeable president to attach it to.

The articles seem to be split into two flavors of "sympathy for the worker" or "let's associate this with Trump".


Pushing the question about 'why is it suddenly popular' can appear to be a veiled attempt undermine a clearly anti-competitive abuse, or be trying to appear contrarian and savvy. But, the sooner this issue reaches a critical mass of attention, the better.

This is a problem that is likely having a detrimental affect on economic growth and innovation, and that could get worse.

Giving the benefit of the doubt as to why this could be more popular:

1. Confirmation bias. You're assuming your observation is correct that it suddenly has blown up relative to past coverage. Maybe you just haven't noticed it. If you search for stories on HN, it's a common topic over the years.

I am more of the view that it has actually increased in popularity over time because of #2.

2. The abuse is becoming more commonplace.

What started getting abused due to hot tech talent markets is now being applied to more job sectors.

If some companies try and successfully abuse noncompetes to reduce turnover or wages, then other companies will follow. It's a tactic destined to snowball until a court case strongly rules against the broad application of NCs, or law is passed prohibiting this abuse.

3. Political issue "consciousness raising" could have some exponential shape. Your inquiry is more of a general interest in political science. There is likely some literature on how this process happens that would provide insight.


It's a good question. A few ideas:

- The use of noncompetes in low- and even un-specialized roles has risen a lot. We're hearing about landscapers getting threatened over noncompetes as a way to keep wages low. This is a real change, but over the last ~decade so it doesn't explain the recent spike of articles.

- "Low unemployment, stagnant wages" articles are catching on, and noncompetes are a plausible factor in that.

- A few states have discussed banning noncompetes recently. Chicken and egg, but that would make it timely for news stories. Possibly a few politicians have emphasized this and offered to do interviews?

- Everyone is just borrowing the same story from everyone else.


or HR have been applying NC to a wider range of jobs for which they are not intended for ie blue collar semi skilled jobs


Probably a PR firm or similar. Much of the news is manufactured. Like "the suit is back" [0].

[0] http://www.paulgraham.com/submarine.html




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