Mark Konkel Quoted by Financial Times on the Prevalence of Non-Compete Clauses in Employment Contracts
Labor and Employment practice chair and partner Mark Konkel was recently quoted in a Financial Times article, “The Scourge of the Non-Compete Clause.”
The article discusses how the clause, which may appear employer friendly on the surface, can stifle labor force fluidity and competition. As a result, policymakers in Australia, Canada, Finland, the Netherlands, the UK and some U.S. states have moved to prevent or restrict the use of non-competes, often on the grounds that they suppress mobility and wage growth for workers. In Florida, however, there is proposed legislation that would permit non-compete agreements that last a full four years.
“If you are about to join an employer and you know that in accepting that employment, you’re going to be compelled to sign a four-year non-compete, it is very hard to imagine very marketable people will just sign such an agreement without negotiation,” Mark said.
Read the complete article here (subscription required).