The No. 1 Crypto for 2024

It's expected to soar 20X bigger than Bitcoin.

How US changes to 'noncompete' agreements and overtime pay could affect workers

CATHY BUSSEWITZ and MAE ANDERSON
April 24, 2024

NEW YORK (AP) -- For millions of American workers, the federal government took two actions this week that could bestow potentially far-reaching benefits.

In one move, the Federal Trade Commission voted to ban noncompete agreements, which bar millions of workers from leaving their employers for a specific period of time. The FTC's move, which is already being challenged in court, would mean that such employees could apply for jobs they weren't previously eligible to seek.

In a second move, the Biden administration finalized a rule that will make millions more salaried workers eligible for overtime pay. The rule significantly raises the salary level that workers could earn and still qualify for overtime.

The new rules don't take effect immediately. And they won't benefit everyone. So what exactly would these rules mean for America's workers?

WHAT IS A NONCOMPETE AGREEMENT?

Noncompete agreements, which employers have deployed with greater frequency in recent years, limit an employee's ability to jump ship for a rival company or start a competing business for a stated period of time. The idea is to prevent employees from taking a company's trade secrets, job leads or sales relationships to a direct competitor, who could immediately capitalize on them.

Many industries use noncompete agreements, often among their salespeople, said Paul Lopez, managing partner at Tripp Scott, a Florida law firm that has handled more than 100 cases involving noncompete clauses.

"They're the ones out there generating leads and sales," Lopez said. "The last thing you as a business will want is for that person to go over to your competition and do the same thing."

A moving company that relied on its relationships with real estate agents to generate business, Lopez said, was surprised to learn that an employee was doing business on the side, including with a competitor, using client relationships he had made through his employer. That violated his noncompete agreement, so he was fired.

WHO IS TYPICALLY SUBJECT TO THESE AGREEMENTS?

People may assume that noncompete agreements apply only to high-level executives in the technology or finance industries. But many lower-level workers are subject to the restrictions as well. The rules vary by state.

In Florida, one medical sales worker was barred by his employer from joining a competitor for 10 years -- and once he left his job, was unemployed for more than five years, said Stefanie Camfield, assistant general counsel with Engage PEO, a Florida company that handles human resources for small and medium-sized businesses.

"He was able to find another sales position in a completely different industry," Camfield said. "But the learning curve was there, so he wasn't making the same amount of money."

In another case, a company in the optical industry that had hired a sales associate was informed by his former employer that it intended to enforce a noncompete agreement. So the optical company terminated the employee, Camfield said.

"They thought they had a qualified sales associate hired and ready to get to work, and all of a sudden now they're back to square one."

WHY BAN NONCOMPETE AGREEMENTS?

Some view noncompete agreements as harmful and unfair to workers by limiting their mobility. Career opportunities are often more attractive outside an employee's current workplace. And with restrictions on the type of work they can do for a competitor, it can be hard to shift into a more suitable or lucrative position.

Many hiring managers, after all, most value job candidates who already have a certain level of experience in the same industry.

"A noncompete would unilaterally ban someone from getting exactly the kind of job that it's reasonable to want," said Jennifer Tosti-Kharas, a professor of organizational behavior at Babson College in Massachusetts. "To cut people off from that is overly paternalistic. It's using a really blunt instrument to limit people's mobility, when in reality there are other legal mechanisms to prevent trade secrets being disclosed."

HOW DO I KNOW IF I'M SUBJECT TO A NONCOMPETE?

People are sometimes surprised to learn hat they're bound by such an agreement. They might not even find out until after they've left for a new job, and their former employer intervenes and causes them to be fired.

"When you join a company, you're so focused on the opportunity in front of you, you might not be thinking about what's that next jump," Tosti-Kharas said.

Experts suggest that employees consult their human resources department about any noncompete agreements that might exist. If a workplace doesn't have an HR department, an employee should ask a lawyer for the company.

ARE TRADE SECRETS NOW LIKELY TO BE SPILLED?

There are still laws on the books that protect companies' trade secrets. The FTC decision doesn't change that.

And the U.S. Chamber of Commerce has already filed a lawsuit against the Federal Trade Commission, calling its decision a dangerous precedent for government micromanagement of business. Lawsuits could delay any implementation of the FTC's new rule, potentially for years.

WHAT ABOUT THE NEW OVERTIME RULES?

Starting July 1, employers of all sizes will be required pay overtime -- time and a half salary after 40 hours a week -- to salaried workers who make less than $43,888 a year in certain executive, administrative and professional roles. That cap will then rise to $58,656 by the start of 2025. Previously, the cap was $35,568.

WHO QUALIFIES?

The Labor Department estimates that 4 million salaried workers who weren't previously eligible will qualify. Some occupations, though, including teachers, doctors and lawyers are not eligible for overtime pay and thus are not affected by the change. And some states, like California and New York, already have salary thresholds that exceed the federal level.

WHAT'S THE REACTION SO FAR?

Predictably, groups that represent companies have lined up against the new rule. Conversely, worker groups are applauding it as a necessary and long-overdue change.

The National Retail Federation argued that the new rules "curtail retailers' ability to offer the most flexible, generous and tailored benefits packages to lower-level exempt employees across the industry."

It also asserted that the new rules don't give employers adequate time to make the changes needed. And it complained that the inclusion of automatic increases "exceeds the Department's legal authority and oversteps longstanding Fair Labor Standards Act and Administrative Procedure Act principles."

On the social media site X, the AFL-CIO labor organization said the rules will "restore and extend overtime protections for hard-working Americans."

WILL THE CHANGES BE CHALLENGED IN COURT?

Almost certainly so. A 2016 effort by the Obama administration was scuttled in court just days before it was set to take effect. Because the new overtime rules won't take effect until July 1, groups have time to study the ruling before mounting a challenge.

"I would expect there will be some legal challenges," said Ted Hollis, a partner at the law firm Quarles & Brady. "When the Obama administration published its proposed rule in 2016, that was almost immediately challenged in court."

HOW SHOULD BUSINESSES PREPARE FOR THIS?

Companies of all sizes will have to reclassify workers who will now qualify for overtime pay -- and make sure they track hours and pay them properly.

Another option is to raise employees' salaries so they would remain exempt from overtime. But employers should keep in mind that two more increases are coming under the new timetable.

They'll also have to determine how they will budget for the extra pay for overtime. Small businesses will have the toughest time.

"Some are going to have to cut workers," Hollis said. "Others will have to cut hours from existing workers.

"Some are going to have to raise prices, and some probably won't be able to figure out a way to make it economically work and wind up having to shut down, unfortunately."

Continue Reading...

Popular

Donald Trump Could Still Win Even If He Loses In Supreme Court Over Presidential Immunity Claim

Former President Donald Trump could see a strategic victory in his Supreme Court case, even if the court dismisses his claim regarding presidential immunity.

Breaking News: Elon Musk Invents New Type of A.I. - Ad

According to 30-year Silicon Valley and Wall Street veteran, Eric Fry... A man who picked 41 plays that jumped 1,000%+... Elon Musk is about to shock the world again with this new type of A.I.... Mining new millionaires in the process.

Trump vs. Biden: Nationwide Poll Shows Key Issue Decidedly Tilts Equation In Favor Of One Candidate

Even though the economy has been relatively stable despite challenges, voters remain unconvinced about the Biden administration's performance.

Southwest Airlines is considering changes to its quirky boarding and seating practices

DALLAS (AP) — Southwest Airlines is studying changes to its quirky boarding and seating policies as it searches for ways to .

Why James Altucher SOLD All His Bitcoin - Ad

Crypto genius James Altucher has been praising Bitcoin since it was trading for $61. But now he's buying another coin like crazy... and it's not Bitcoin!

How Much Will Taylor Swift's Net Worth Grow With 'The Tortured Poets Department'?

How much will Taylor Swift's 'The Tortured Poets Department' boost her net worth? Get expert insights here

This Man, Who Never Went To University, Is Making $1.2M-A-Year At Deloitte At The Age Of 30

Ben Newton, a former apprentice at Deloitte, has achieved the feat of becoming a partner at the age of 30, earning $1.2 million a year.

READ THIS If You Missed Out on the AI Boom - Ad

Radical new biotechnology predicted to grow 320,000% in 3 years. Nvidia's CEO calls it "the next amazing revolution." And one small company poised to dominate this revolution trades for just $10.

Atlantic City mayor: I'm committed to my family and city while dealing with daughter abuse charges

ATLANTIC CITY, N.J. (AP) — Atlantic City Mayor Marty Small said Thursday he remains committed to his family and to his city as he deals with charges that he and his wife

EXCLUSIVE: Industry Leaders Predict How The Bitcoin Halving Impacts Prices And Mining

As the cryptocurrency world braces for the upcoming Bitcoin halving, industry leaders told Benzinga they expect significant market shifts, voicing concerns over mining centralization.

Defi Coin Triggers All "Buy" Signals and Could Break Out Soon - Ad

Some are calling this the most promising DeFi project since Ethereum itself. Here's the #1 DeFi Coin Set to Soar. While Bitcoin grabs headlines, this lesser known DeFi coin is quietly gearing up for a monster rally. Experts say now is the time to buy before it reaches escape velocity.

A strong quarter for Wall Street lifts Goldman's first-quarter results

NEW YORK (AP) — Goldman Sachs said it saw a double digit rise in its first quarter profits on Monday, lifted broadly by the stock and bond markets' performances in the first months of the year.

Nvidia Robotics Expert Praises Tesla FSD's 'Human-Like Maneuvers' As Magical

Tesla's latest FSD feature has impressed users like Nvidia employee Yuke Zhu who called it 'magical'. Tesla has made FSD more accessible with price cuts and free trials.

America Just Hit a Grim Milestone - Ad

Nearly half of U.S. households currently hold no retirement savings. Retirement expert Dr. David Eifrig says what happens next will separate a small number of winners from a very large number of losers. Learn how to protect yourself and your money with his four simple steps that he shares right here.

Elizabeth Warren Says Trump Had Only 2 Accomplishments As President: 'Huge Difference Between' Biden, Trump

Elizabeth Warren thinks Donald Trump only accomplished two things when he was president and neither is highlighted as a positive by the senator.

Missouri's $2B Marijuana Market Hits Record Sales In March, Eyes Future Growth With Microbusiness Licenses

The Missouri cannabis market set a new monthly sales record in March, reaching nearly $125 million. According to the latest data from the Missouri Department of Health and Senior Services (DHSS), the adult-use cannabis sector contributed $108.7 million in March, with medical cannabis adding another $16 million, culminating in a total of $124.7 million.

Market Warning: Is BTC is Just the Start? - Ad

Missed out the AI craze, or BTC's 40% jump? 50-year Wall Street veteran Marc Chaikin just detailed another way to play this market rally.

'The Street Wants and Needs Answers' From Elon Musk On Tesla Layoffs -- Dan Ives Demands 'Rationale For The Cost Cutting'

Elon Musk, CEO of Tesla, is being called upon to clarify the circumstances surrounding the recent layoffs at the company. The move comes in the wake of a challenging period for the electric vehicle giant, with investors seeking reassurances.

Why Media Company Omnicom Shares Are Trading Higher Premarket Today

Omnicom Group reported 5.4% revenue growth, with organic growth of 4.0%. Adjusted EPS beat expectations.

Central Banks Buying Gold in Record Numbers - Ad

Most folks have completely missed the fact that the world's Central Banks have been quietly gobbling up as much gold as they can... Stacking it in their locked vaults on pallets in record numbers. Find out why right here (and see what you can do to get in too with just a few dollars).

Netflix Stock Sized Up By 7 Analysts Post Q1 Results: 'Pivot From A High-Growth, Low-Profit Business To A Slow-Growth, High-Profit Business'

Streaming leader Netflix reported first quarter financial results that were higher than estimates. The company's outlook and decision to stop reporting subscriber figures are weighing on analysts.

Your 2024 Election Money Blueprint - Ad

Voters are angrier than ever, and it's likely to keep getting worse. The media and Wall Street keep declaring how great the economy supposedly is... but no one -- besides the ultra-rich -- seems to feel that way. Protect yourself with this one simple move today.

The world's largest 3D printer is at a university in Maine. It just unveiled an even bigger one

ORONO, Maine (AP) — The world’s largest 3D printer has created a house that can cut construction time and labor. An even larger printer unveiled on Tuesday may one day create entire neighborhoods.

Elon Musk's FSD Is The End Of Manual Driving? Tesla Bull Gene Munster Believes 'Somebody Born Today Is Probably Never Going To Drive A Car'

Tesla has decided to reduce the price of its 'full self-driving' subscription by half to $99 per month. This decision has led Gene Munster, Managing Partner at Deepwater Asset Management, to predict the end of manual driving.

Should You Buy Bitcoin in 2024? [Expert's Shocking Answer] - Ad

Bitcoin minted 100,000 millionaires and if you're not one of them, that ship has sailed. But there's another millionaire-minting crypto at our doorstep... research shows this coin could be 20X bigger than Bitcoin by the end of the decade. With crypto starting to heat up again, this could be the perfect time to get in.

Latest Bitcoin Halving Could Cost Miners Billions Of Dollars In Revenue: Report

On Friday, the Bitcoin (CRYPTO: BTC) network underwent its fourth halving since 2012, a pivotal event that halved the mining reward — the amount of Bitcoin awarded

Bitcoin Halving Jitters: Why 10x Research Urges Caution

With Bitcoin (CRYPTO: BTC) down 11% over the past week, a 10x Research report advises caution considering the sell-off ahead of the Bitcoin halving.

"America's No. 1 Retirement Stock" (Name Inside) - Ad

According to the former Goldman Sachs VP -- who wrote a best-selling book on retirement -- one single stock stands head-and-shoulders above all others. And it should be the cornerstone of your portfolio. Have you heard of it?

Nike's Sneaker Coup: Reportedly Nears Lucrative Deal With Basketball Sensation Caitlin Clark

Nike reportedly strikes a game-changing endorsement pact with basketball prodigy Caitlin Clark, ahead of her WNBA debut in May. The rising star, freshly picked by the Indiana Fever, is set to headline her own signature shoe line under Nike, echoing the brand's commitment to nurturing young talent.

Goldman Sachs Thinks GE Vernova Is Uniquely Positioned To Electrify And Decarbonize Future

Goldman Sachs analyst Joe Ritchie kicks off coverage on GE Vernova with a Buy rating, projecting a target price of $154. Highlighting GEV's significant global electricity contribution and advanced grid technologies, Ritchie anticipates double-digit profitability for the Power business by 2024.

5 Wall Street Legends Just Bought This One Stock - Ad

"If you're not at the table, you're on the menu," says former Goldman Sachs VP, Dr. David Eifrig.

Bitcoin ETFs Record $51M Net Outflows On Monday, Continue 3-Week Outflow Trend

The cryptocurrency investment landscape has been marked by a concerning trend in recent weeks, with significant outflows recorded across major Bitcoin (CRYPTO:

Crypto Analyst Unveils Top 5 'Gem' Projects To Watch Ahead Of Bitcoin Halving

Nova shares top 5 upcoming crypto gems for investors to watch out for before the Bitcoin halving, which could bring long-term gains in a bullish market.

The A.I. Story Nobody is Telling You (Read ASAP) - Ad

There's been a lot of buzz surrounding A.I. over the past couple of years -- but there's only ONE story you should be worried about. Whether you have $500 or $500,000, this radical new A.I. Innovation will have a direct impact on your wealth.

Could Elon Musk's New Device Save Us from A.I. Apocalypse? - Ad

A strange new era for mankind is upon us... And it's all thanks to Elon Musk's latest creation. So he invented this strange new device to protect us against that A.I. threat. See this strange device you could be wearing some day.

NY AG Letitia James Seeks To Void Trump's $175M Bond In Civil Fraud Case

The New York Attorney General Letitia James' office has moved to invalidate the $175 million bond secured by former President Donald Trump.

Trending Now

Information, charts or examples are for illustration and educational purposes only and not for individualized investment management This message contains commercial elements, such as advertising. We only send these offers to those who have opted in to our newsletter. Past performance is not indicative of future results. For these reasons we strongly suggest trading in a DEMO/Simulated account. The information provided by us is for educational and informational purposes only. We make no representations or warranties concerning the products, practices or procedures of any company or entity mentioned or recommended and have not determined if the statements and opinions of the advertiser are accurate, correct or truthful. If you use, act upon or make decisions in reliance on information contained or any external source linked within it, you do so at your own peril and agree to hold us, our officers, directors, shareholders, affiliates and agents without fault.

Copyright activatrade.ca
Privacy Policy | Terms of Service