FTC Seeks to Bar Noncompetes in Labor Contracts

[vanfanal]

Thought I would share share this link to a NYT article through Doximity. Perhaps something we’ve gotten used to accept. And there are many others areas where we need to be better at advocacy and lobbying.

Article link:

U.S. Moves to Bar Noncompete Agreements in Labor Contracts (Published 2023)

A sweeping proposal by the Federal Trade Commission would block companies from limiting their employees’ ability to work for a rival.

www.doximity.com

Here’s the link if you would like to comment: Regulations.gov

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[ObsequiousAplomb]

Doesn't this FTC move not apply because there's a salary cap on the ruling?

 

[comp1]

I haven't heard anything about salary caps at all, but this should have always been barred as an inappropriate restraint on trade. No one should be able to tell you where you can work or which patients you can see after you stop working for them. Once you stop working for someone, your relationship with that organization has ended. They should not get any further say in what you do with your own time from that point forward unless they plan to pay in perpetuity for that privilege. These sort of requirements are the kind of gross overreach that results in criticisms of capitalism in general. If you're worried that some doctor is going to take all of their clinic patients away with them, PAY the doctor to stay or the patients clearly aren't worth it to the clinic.

 

[clausewitz2]

Doesn't this FTC move not apply because there's a salary cap on the ruling?

No, this is an exercise of the FTC's rule-making power, not an interpretation of a court ruling. Based on the comments they are making to the Times in this piece the FTC certainly believes it has the regulatory authority to do this under the umbrella of outlawing "unfair methods of competition." No salary caps in sight.

 

[Sushirolls]

Here is an updated article. Which happened to note that [drum roll, really big drum roll] the AMA isn't in support. Imagine that. Once again the very national organization that is supposed to support and advocate for physicians basically says [insert explicative tirade here]. Every 3 days when their spam hits my mail box saying annual membership is past due, or renew now, I wish I got more satisfaction when I tear them up. What a worthless organization.

I do hope that something comes about to rid physicians of non-competes. I think it would be an overall positive permitting higher salaries, better job satisfaction, and maybe, just maybe a slight reversal in the trends of burn out. I believe it would even lead to more physicians opening their own practices and groups.

I know @TexasPhysician will be against such measures - and I get and understand his position. I do believe on the greater scale, more physicians are bouncing from Big Box shop to Big Box shop and this is where real benefits will be seen.

I'm not getting my hopes up.

 

[littlefred]

The same AMA that says they will continue fighting to avoid encroachment from mid-levels? (why didn't they fight to avoid them in the first place)

Agree with you for once @Sushirolls, the AMA is a joke.

 

[annoyedpsychiatrist]

Noncompete clauses are ethical because they invest money in us as if were a commodity. The way they talk about us, its as if were not people but merely expensive baseball cards to be bought and owned.

Wonder how much the AMA is being paid to say that response..lol

 

[comp1]

They need to be absolutely banned and hospitals/clinics do not need any time whatsoever to "prepare." They were always grossly inappropriate.

 

[Sushirolls]

 

[allantois]

But what would the useless lawyers do when they have less issues to litigate in employment contracts

 

[Sushirolls]

There will still be plenty of bad boss, bad admin cases to keep them well fed.

 

[vanfanal]

So how do we make our voices heard? Anyone know if the APA has made a submission?
Should we start circulating petitions?

 

[annoyedpsychiatrist]

about to throw my hat into the rink for AMA president at this rate

 

[Merovinge]

about to throw my hat into the rink for AMA president at this rate

I am not sure I have ever met a doctor who supported the AMA, they somehow seem to unite both sides of the political spectrum in a mutual disdain. I am so disappointed by them over the years that one of the only MDs I would ever a priori have a negative reaction to is someone who worked at the AMA.

 

[Attending1985]

Noncompete clauses are ethical because they invest money in us as if were a commodity. The way they talk about us, its as if were not people but merely expensive baseball cards to be bought and owned.

Wonder how much the AMA is being paid to say that response..lol

That’s a great description of us commodities. Exactly how I’m feeling lately. F the ama and apa while we’re at it.