Open Markets, AFL-CIO, SEIU, and Over 60 Signatories Demand the FTC Ban Worker Non-Compete Clauses
Washington, D.C. — The Open Markets Institute, the AFL-CIO, Service Employees International Union (SEIU), and over 60 other signatories — including labor organizations, public interest groups, and legal scholars — have filed a demand to the Federal Trade Commission (FTC) today to ban worker non-compete clauses. The petition calls on the FTC to use its power to issue a federal rule to ban the practice nationwide.
Employers across a range of industries require workers to accept a non-compete clause as a condition of employment. These unjust contracts deprive tens of millions of workers of the freedom to accept a job, take new opportunities, or to start a business in the same line of work or industry after they leave their current job. Amazon, for example, previously prohibited warehouse workers from working for a current or future competitor of the retail giant anywhere in the country for 18 months after leaving.
Non-competes impact workers in a variety of industries and vocations, including camp counselors, engineers, fast food workers, hair stylists, physicians, and yoga instructors. At a time when fewer workers are represented by unions, the right to leave is the only source of real bargaining power for many and it’s especially critical for workers subject to mistreatment on the job or faced with low wages. Non-competes can compel workers to stay in discriminatory or hostile work environments without the option to take their skills elsewhere.
“Through non-compete clauses, employers deprive workers of the freedom to leave for greener employment pastures and to pursue entrepreneurial opportunities,” said Open Markets Legal Director Sandeep Vaheesan. “By restricting job market mobility for millions of workers, non-competes depress wages, reduce the creation of new businesses, and prevent workers from leaving unjust and toxic workplaces.”
Individual signatories to the petition include Berkeley labor law professor Catherine Fisk, University of San Diego labor and employment law professor Orly Lobel, Loyola University Chicago antitrust professor Spencer Weber Waller, and Wayne State University labor law professor Sanjukta Paul.
Read the full petition here.
FULL LIST OF SIGNATORIES ON THE PETITION
OPEN MARKETS INSTITUTE
AFL-CIO
ARTIST RIGHTS ALLIANCE
CENTER FOR POPULAR DEMOCRACY
COWORKER.ORG
DEMAND PROGRESS EDUCATION FUND
ECONOMIC POLICY INSTITUTE
EIG
INSTITUTE FOR LOCAL SELF-RELIANCE
LAKE RESEARCH PARTNERS
MAKE THE ROAD NEW YORK
NATIONAL EMPLOYMENT LAW PROJECT
ORGANIZATION UNITED FOR RESPECT
PUBLIC CITIZEN
REVOLVING DOOR PROJECT
ROOSEVELT INSTITUTE
SERVICE EMPLOYEES INTERNATIONAL UNION
TOWARDS JUSTICE
UFCW
UNITE HERE
AND IN THEIR INDIVIDUAL CAPACITIES
ALAN HYDE
AMY KASTELY
ANN C. MCGINLEY
ARIANA R. LEVINSON
BARBARA BUCHOLTZ
BEN TEMPLIN
CAROL CHOMSKY
CATHERINE FISK
CHARLOTTE GARDEN
CHRIS ODINET
CHRYSTIN ONDERSMA
COLIN P. MARKS
CYNTHIA HO
DALIÉ JIMÉNEZ
EDWARD JANGER
EILEEN APPELBAUM
FRANK PASQUALE
HENRY DRUMMONDS
JANE FLANAGAN
JEFFREY W. STEMPEL
JOAN VOGEL
KAREN CROSS
KATHLEEN ENGEL
LAUREN E. WILLIS
MARTHA T. MCCLUSKEY
MEREDITH A. MUNRO
NANCY MODESITT
NICOLAS CORNELL
ORLY LOBEL
PAMELA FOOHEY
PAUL SECUNDA
RACHEL ARNOW-RICHMAN
RICK BALES
RICHARD CARLSON
ROBERT H. LANDE
RUBEN J. GARCIA
SANJUKTA PAUL
SARA STERNBERG GREENE
SHAUHIN TALESH
SPENCER WEBER WALLER
SUSAN BLOCK-LIEB
TODD RAKOFF
V.B. DUBAL
VIVA R. MOFFAT
WILLIAM S. DODGE
YVETTE LIEBESMAN