A third of the workforce
In the waning days of the Obama administration, the President is attempting to influence employers to drop their reliance on non-compete agreements, which currently affect approximately one-third of companies and 20 percent of the workforce in the United States.
“(Workers) can’t reach their true potential without freedom to negotiate for a higher wage with a new company, or to find another job after they’ve been laid off,” Vice President Joe Biden said, speaking on the matter earlier this year. Non-compete clauses effectively prohibit employees from working for employers in the same or similar fields for a set length of time after they leave their job. These clauses are alleged to disproportionately affect employees who make lower salaries, with 14 percent earning less than $40,000 per year.
A common dispute
Common in most states, non-compete agreements are frequently the subject of court battles over their validity and enforceability.
Courts are generally asked to rule on length of time that the agreements span, their geographic impact, and the access employees had to protected trade secrets.
These are not limited to specialized or technologically-based fields, either. Sandwich maker Jimmy John’s agreed to drop non-compete clauses they had with employees at franchises in the state of New York this summer. Affected employees signed agreements prohibiting them from working for direct competitors. It also prohibited former employees from working in any company that makes more than 10 percent of its revenue from sandwiches within two miles of a Jimmy John’s store for two years after their last day of work.
Effect on the common man
Jimmy John’s felt their employee training was so incredibly valuable and revolutionary that they would not only prohibit former employees from taking their talents to a Subway or other direct competitor, but also a bodega or gas station with a small side business making sandwiches. For two years. Two years.
“Non-compete agreements for low-wage workers are unconscionable,” Eric Schneiderman, New York’s attorney general, said at the conclusion of the case. “They limit mobility and opportunity for vulnerable workers and bully them into staying with the threat of being sued. Companies should stop using these agreements for minimum wage employees.”
Making these types of agreements standard for employees limit their options both now and in the future. A pernicious cycle of lower job mobility and ability to test the free market to improve salaries is created, thereby enriching the company without providing similar value to the employee.
The other side
Not everyone holds to President Obama’s position that non-compete clauses are bad, however. “In states with poorly educated workers who have little or no employment history, non-compete agreements give employers incentives to hire and train unskilled workers, free from the worry that a nearby competitor will swoop in and hire away the best workers shortly after they’ve received the valuable training and work habits provided by their original employer,” writes Jonathan Macey in Fortune. “Hiring unskilled workers without non-compete agreements turns employers who do provide valuable training into suckers.”
Employees should have the ability to test the market for their skills and wages in much the same fashion customers of those companies test the market for quality and price, going to a competitor for their services when a better value is perceived or realized. Training employees to do a job well does not make your company a “sucker”, as Mr. Macey asserts. It makes you responsible to your customer to provide a workforce competent to meet their needs.
The importance of quality training
High quality training programs are vital in any age, but especially in one in which customers have grown to expect courteous, error-free service at each engagement. Coupled with the ability to provide instant feedback to millions when those expectations aren’t met, training’s importance increases.
What’s the payoff for having a rigorous culture of staff development and employee learning regardless of the skill level of the position?
Enhanced employee satisfaction and a satisfied customer base, every time.
The final word
Tying low-salary, low-skill, and low-technological positions to modern-day serfdom, employers show lack of confidence in their own ability to properly incentivize roles their customers face.
Employers demonstrate an unwillingness to innovate ways to staff roles that meet the needs of the market, the employee, and the company.
Instead of operating from a position of fear for these types of positions, create a workplace, culture, and rewards system that dares competitors to attempt to steal your staff away and makes your employees foolhardy to do so.
Freelance is the Future? I call bull malarky
(EDITORIAL) Some have predicted that due to company needs and employees’ desire for flexibility, and even COVID, freelance is the future of work. But I have reservations.
Long gone are the days of punching a clock in Corporate America to be in your seat at your desk for an exact period of 8 hours on a day x 5 = 40 hours per week. If you work in an office setting now, usually you are expected to manage your time and finish your projects but companies have adjusted their strict butt in seat polices so that you can come in late after a doctor appointment or even leave a little early for Susie’s soccer tournament.
The truth is, with the advancement of technology and connected devices, many of us can work from anywhere (as long as there’s Wi-Fi or we have our hotspot). So, as long as your work gets done, there’s a little bit of room for “flexibility”.
When a company pitches this as flexibility, it’s really just a way of re-wording that you will work a lot so they will cut you some slack here and there considering most of us work well over our 40 hours a week. We can check email first thing in the morning, forward documents from the plane and even be on conference calls while in a line or in an Uber. You may work late on a Tuesday due to Wednesday deliverables which allows you to take off on Friday at 3pm when usually your projects are in a good place. There are also times where you will work on the weekend.
The opportunity to work anywhere has led to some considering that freelance is the future? I just don’t buy it. And this might be an unpopular opinion. I think that’s like turning the Titanic around. People rely on companies to offer a feeling of stability (or so we think) so that you know there’s a paycheck coming in every other week and you definitely have your fair share of projects (oh yeah, plus healthcare benefits).
If we all moved in to freelancing, we’d have a wide variety of clients, customers, teammates and paychecks that could be difficult to keep up with. We’d be forced to be the CEOs, CTOs, CIOs, CMOs, CFOs, oh, forget it, the entire C-suite of our own careers. It’s really difficult to generate new clients in the future while you’re working on a current project.
However, it’s equally difficult to have a lull so you have to be constantly engaged and pitching business (at the same time you have your current work). You have to be on your A-game at all times and out pitching yourself and your brand. You have to be creating content on all the social channels and be invited to participate in fancy conferences and meetings. This unfortunately is the life of freelance.
Does it seem like more people will do freelance? Yes. There’s lots of opportunity now thanks to the world wide web. But I predict they will do this in addition to their regular jobs. Is it possible that we may move to a gig economy? We are already there. You’ve heard of Uber, Lyft, Instacart, Fiverr and Upwork…It seems like that most people that have 2-3 gigs to make them whole are typically looking for full-time opportunities or would love to find something that can replace the others with more consistent work and not all the hustle. Are Small Businesses on the rise? Absolutely.
It seems that it depends on your desire for either slightly more predictable work and paychecks or if you’re a throw caution to the wind person and live that freelancer life. Also, if your skill sets are the ones employers are looking for on an ad hoc basis. No doubt many people live a freelancer life and love it. But I just don’t see it being the masses – I think it takes a special kind of dedication to rely on freelance and/or starting your own business. Plus, you’re off your parents’ healthcare at age 26. That’s when real the “real job” starts to sound really appealing.
Ways to socialize safely during quarantine
(EDITORIAL) Months of isolation due to quarantine is causing loneliness for many, but joining virtual social groups from home may help fill the need for interaction.
Quarantining, sheltering in place, staying home. We’re tired of hearing it; we’re tired of doing it. Yet, it’s what we still need to be doing to stay safe for a while longer. All of this can be lonesome. As the days turn into weeks and weeks into months, the alone time is getting to even the most introverted among us.
Solitary confinement is considered one of the most psychologically damaging punishments a human can endure. The New Yorker reported on this in a 1992 study of prisoners in detention camps in the former Yugoslavia, as well as Vietnam veterans who experienced isolation. These studies showed that prisoners who had experienced solitary confinement demonstrated similar brain activity to those who’d suffered a severe head injury, noting that “Without sustained social interaction, the human brain may become as impaired as one that has incurred a traumatic injury.”
We aren’t meant to be solitary creatures. Your “pandemic brain” is real. That fogginess, the lack of productivity, can be attributed to many things, including anxiety, but being kept apart from other humans is a big part of it too. Be kind to yourself, give yourself grace, and join others virtually. Be it an app, a class, a Facebook group, a chat room, or a livestream, someone somewhere is out there waiting to connect with you too.
The good news? We are lucky enough to live in an era of near limitless ways to interact socially online. Sure, it is different, but it is something. It’s important. The best thing about this type of social interaction is being able to hone in on your specific interests, though I’d caution you against getting caught in an online echo chamber. Diversity of interests, personality, and opinion make for a richer experience, with opportunities for connecting and expanding your worldview.
Interactive Livestreams on Twitch:
Twitch is best known as a streaming service for video game fans, but it offers multiple streams appealing to different interests. This is more than passive watching (although that is an option, too) as Twitch livestream channels also have chat rooms. Twitch is fun for people who like multi-tasking because the chat rooms for popular livestream channels can get busy with chatter.
While people watch the Twitch hosts play a video game, film a live podcast, make music or art, mix cocktails, or dance, they can comment on what they’re watching, make suggestions, ask questions, crack jokes, and get to know each other (by Twitch handle, so it is still as anonymous as you want it to be) in the chat room. The best hosts take time every so often to interact directly with the chat room questions and comments.
Many Twitch channels develop loyal followers who get to know each other, thus forming communities. I have participated in the Alamo Drafthouse Master Pancake movie mocks a few times because they are fun and local to Austin, where I live. Plus, in my non-quarantine life, I would go to Master Pancake shows live sometimes. The chat room feels familiar in a nice way. While watching online is free, you can (and totally should) tip them.
Online trivia in real time:
There are some good options for real-time online trivia, but I’m impressed with the NYC Trivia League’s model. They have trivia games online on Mondays, Wednesdays, Fridays, and Sundays. The NYC Trivia League seems to have figured out a good way to run the game live while keeping answers private from the other teams. They run games on Instagram Live with a live video of the host, and participants answer via the question feature. Clever!
Online book club:
First I have to shout out my Austin local independent bookstore, BookPeople, because they are fantastic. They run book clubs throughout the year, along with readings, book signings, and all things book-related. BookPeople hosts several online book clubs during these lockdown days, and most people will find something that appeals to them.
I’m also impressed with this list from Hugo House, a writer’s resource based out of Seattle. This list includes Instagram and Goodread book clubs, book clubs for Black women, rebels, and poetry lovers. The Financial Diet recommends the Reddit book club, if you are comfortable with the Reddit format. Please note that it’s a busy place, but if you like Reddit, you already know this.
Cooking class or virtual tasting:
You can also participate in virtual tastings for wine, whiskey, or chocolate, though you will have to buy the product to participate in the classes (usually held over Zoom or Facebook Live). If you are in Austin, Dallas, or Houston, I recommend BeenThere Locals. The cost of the course includes the wine, spirits, or cooking kit in most cases, and all of the money goes to the business and expert hosting the class.
Look for your favorite wine, spirits, cheese, chocolate makers, and chefs that are local to you to find a similar experience. Most either prepare the class kit for pickup or delivery within a local area.
To interact with another quarantined person seeking social interaction, there’s Quarantine Chat. Quarantine chat is one of the ways to connect through the Dialup app, available on iOS and Android devices. Sign up to make and receive calls when you want to speak with someone. The Dialup app pairs you randomly with another person for a phone conversation, at a scheduled time, either with anyone or with someone with shared interests.
Quarantine chat takes it a step further with calls at random times. When your quarantine chat caller calls, you will not see their number (or they yours), only the “Quarantine Chat” caller ID. If you are unable to pick up when they call, they will be connected with someone else, so there is no pressure to answer. It’s nice to hear someone else’s voice, merely to talk about what you’ve been cooking or what hilarious thing your pet is doing.
Uno Freak lets people set up games and play Uno online with friends or strangers. Players do not need to register or download anything to play. Uno Freak is web-based.
Talk to mental health professionals:
If your state of loneliness starts sliding toward depression, call someone you can speak to right away to talk over your concerns. When in doubt, call a trained professional! Here are a few resources:
- National Alliance on Mental Illness (NAMI): The NAMI HelpLine can be reached Monday through Friday, 10 am–6 pm, ET, 800-950-NAMI (6264) or email@example.com.
- Crisis Text Line: Text HOME to this text line 24/7 for someone to text with who will also be able to refer you to other resources: U.S. and Canada: 74174, U.K. 85258, Ireland: 50808.
- Psych Central has put together this comprehensive list of crisis intervention specialists and ways to contact them immediately.
There are many ways to connect even though we are physically apart. These are just a few real time ways to interact with others online. If you want something a little more flesh and blood, take a walk around the block or even sit in a chair in front of where you live.
Wave at people from afar, and remember that we have lots of brilliant doctors and scientists working on a way out of this. Hang in there, buddy. I’m rooting for you. I’m rooting for all of us.
Working remotely: Will we ever go back? (Probably not)
(OPINION / EDITORIAL) Now that the pandemic has opened the door on working remotely, there’s no way we’ll put the genie back in the bottle. But, here’s some ways you can adapt.
When it comes to working remotely, will the toothpaste ever go back in the tube?
Mark Zuckerberg recently said, “We are going to be the most forward-leaning company on remote work at our scale…” By 2030, Zuckerberg anticipates that over half of Facebook’s workforce will be remote. Many other companies are jumping on the work from home bandwagon. Working remotely has helped many businesses manage the pandemic crisis, but it’s unsure what form remote working will take over the next 10 years.
We know that employees are responding positively to WFH, as reported in this article – Employers: Lacking remote work options may cause you to lose employees. As offices transition to a post-COVID normal, here are some things to consider about your office and remote work.
What does your business gain from allowing workers to WFH?
The future of remote work depends on a conscious application of WFH. It’s not just as easy as moving employees out of the office to home. You have to set up a system to manage workers, wherever they are working. The companies with good WFH cultures have set up rules and metrics to know whether it’s working for their business. You’ll need to have technology and resources that let your teams work remotely.
Can your business achieve its goals through remote work?
The pandemic may have proved the WFH model, but is this model sustainable? There are dozens of benefits to remote work. You can hire a more diverse workforce. You may save money on office space. Employees respond well to remote work. You reduce your carbon emissions.
But that can’t be your only measure of whether remote work fits into your vision for your organization. You should be looking at how employees will work remotely, but you need to consider why employees work remotely.
The work paradigm is shifting – how will you adapt?
The work environment has shifted over the past century. Remote work is here to stay, but how it fits into your company should be based on more than what employees want. You will have to work closely with managers and HR to build the WFH infrastructure that grows with your organization to support your teams.
We don’t know exactly how remote work will change over the next decade, but we do know that the workplace is being reinvented. Don’t just jump in because everyone is doing it. Make an investment in developing your WFH plan.
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