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Noncompete Clauses

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Chris Murphy and Al Franken have introduced a bill to ban one of the most egregiously oppressive practices against low-wage workers: noncompete clauses.

The bill from Sens. Chris Murphy (D-Conn.) and Al Franken (D-Minn.) would ban noncompete clauses for workers making less than $15 an hour or $31,200 annually, or the minimum wage in the employee’s municipality.

The move follows reports the Jimmy John’s sandwich shops requires some of its low-wage workers to sign two-year noncompete agreements prohibiting them from working at retail stores that make at least 10 percent of their sales from sandwiches.

The legislation is dubbed the “Mobility and Opportunity for Vulnerable Employees (MOVE) Act” and is also supported by the National Employment Law Project.

There is no reason at all for noncompete clauses on low-wage workers. If a Jimmy John’s work learns how to make a sandwich and then takes her skills to Subway, Jimmy John’s does not suffer at all. This is why I push back against those who say that the employer assault on workers is about money. It’s not. It’s about power. Money is a big part of power, but there are plenty as aspects to this assault that have nothing to do with money. Noncompete clauses in the fast food industry is one of them. This is all about employers doing this because they can and because it intimidates workers from quitting. It should be illegal and hopefully this bill will make it so.

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