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Now do NDAs. (hexbear.net)
submitted 7 months ago by LibsEatPoop@hexbear.net to c/news@hexbear.net
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[-] SacredExcrement@hexbear.net 11 points 7 months ago

Yeah...the wording of 'nearly all' non competes being voided worries me as well. I wonder if we'll just see corporations weasel a way around this to keep using them

[-] PKMKII@hexbear.net 13 points 7 months ago

From the official FTC release it looks like existing NCAs for senior executives are still enforceable but new ones can’t be written.

Really curious if this ruling applies to public employers as well as private.

[-] SacredExcrement@hexbear.net 4 points 7 months ago* (last edited 7 months ago)

I finally got curious and went digging, looks like public and private; at least, I don't see anything distinguishing between the two in either this text or the proposed rule

Also looks like the two conservative chairs voted against the rule lmao, shocking

Ed, I did find this in the finalized rule under part E, Sect 1 , 'Generally'

For example, the Act exempts “banks” and “persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act.” And the Act excludes from its definition of “corporation” any entity that is not “organized to carry on business for its own profit or that of its members.” The NPRM explained that, where an employer is exempt from coverage under the FTC Act, the employer would not be subject to the rule. The NPRM also explained that State and local government entities—as well as some private entities—may not be subject to the rule when engaging in activity protected by the State action doctrine.

So probably just certain contractors/researchers could still be bound by NDAs under this ruling, likely ones for government work (as mentioned below)

[-] ProfessorOwl_PhD@hexbear.net 4 points 7 months ago

I suspect it's an exception for matters of national security, ie the MIC.

[-] SacredExcrement@hexbear.net 4 points 7 months ago

Wouldn't that typically be an NDA, not a non-compete?

[-] ProfessorOwl_PhD@hexbear.net 4 points 7 months ago

Generally, I'm thinking of the scientists and engineers that do the researching and designing, where it's not just that the company doesn't want them to blab about their internal secrets, but the government also doesn't want them using that knowledge for a foreign competitor.

[-] SacredExcrement@hexbear.net 4 points 7 months ago

That's a fair point

this post was submitted on 23 Apr 2024
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