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ARTICLE · 09 DECEMBER 2020

Will Biden Ban Non-Competes?

Seyfarth Shaw LLP
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President-elect Joe Biden has issued a "Plan for Strengthening Worker Organizing, Collective Bargaining, and Unions" on his website...

United StatesEmployment and HR

President-elect Joe Biden has issued a "Plan for Strengthening Worker Organizing, Collective Bargaining, and Unions" on his website, and it includes an interesting statement about what his incoming administration purportedly intends to do about non-compete and no-poach agreements:

Eliminate non-compete clauses and no-poaching agreements that hinder the ability of employees to seek higher wages, better benefits, and working conditions by changing employers. In the American economy, companies compete. Workers should be able to compete, too. But at some point in their careers, 40% of American workers have been subject to non-compete clauses. If workers had the freedom to move to another job, they could expect to earn 5% to 10% more—that's an additional $2,000 to $4,000 for a worker earning $40,000 each year. These employer-driven barriers to competition are even imposed within the same company's franchisee networks … As president, Biden will work with Congress to

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