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Obama urges states to nix non-compete agreements – does this make the rich richer?

(EDITORIAL) Common in most states, non-compete agreements are frequently the subject of court battles over their validity and enforceability. Will this be a victory or a flop?

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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.

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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.

#NonCompete

Roger is a Staff Writer at The American Genius and holds two Master's degrees, one in Education Leadership and another in Leadership Studies. In his spare time away from researching leadership retention and communication styles, he loves to watch baseball, especially the Red Sox!

Opinion Editorials

Uber CEO regrets saying that murder is part of business

(EDITORIAL) Uber CEO calls murder a mistake. Should society support a business that seems to think death is just part of the cost of doing business?

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Uber Pickup

On February 21, 2016, I woke up early to notifications about a shooting in Kalamazoo, Michigan. An Uber driver shot multiple individuals. Although I live in Oklahoma, the Facebook algorithms correctly deduced that this incident would be of interest to me. I have family and friends in Michigan, some in the Battle Creek area, just miles east of Kalamazoo. Later that morning, I learned that one of my friends had been killed in the incident.

Uber was criticized for the incident. Lawmakers across the country called for tougher background checks on Uber drivers. It was a PR nightmare for the company. Ultimately, it was the driver who was charged. Earlier this year, the driver pled guilty to all counts against him and was sentenced to life in prison. Uber continued operating, although then-Governor Rick Snyder did sign legislation that increased regulations for the ride-sharing industry.

I say this out of disclosure. This Uber tragedy affected me in a way that may cloud my opinion. I believe that Uber should be regulated more than it is. But recent events have made me question why society supports Uber and what I believe is a toxic culture.

How does Uber keep managing their corporate profile?

Uber seems to weather their PR crises fairly well. They’ve been criticized for inadequate background checks. Sexual harassment allegations at corporate headquarters shook up the management team. Uber has suffered data breaches. In 2018, the organization settled with the FTC for $148 million. Still, the company enjoys a market share of transportation services.

In 2018, Dara Khosrowshahi, former CEO of Expedia took over at Uber as its new CEO, replacing the CEO and founder Travis Kalanick. It was reported that Kalanick “led the company astray” from its moral center. Khosrowshahi said at the time, “In the end, the CEO of the company has to take responsibility.”

Just days ago, during an interview, Khosrowshahi said that “the assassination of journalist Jamal Khashoggi was a ‘mistake.’” It was a political murder. Khosrowshahi compared the assassination to a self-driving accident with an Uber vehicle that killed a pedestrian. It didn’t take long for Khosrowshahi to issue a retraction, saying that he “said something in the moment (he doesn’t) believe.”

Is Uber’s culture toxic?

Khosrowshahi says that his comment shouldn’t mark him as a person. He thinks that what he said was a “learning moment.” When a CEO misspeaks in an interview that isn’t just local, but international, maybe we should pay attention. According to him, murder isn’t a big deal. I wonder if he would say that if it was his father who died, or his friend who was killed by a driver.

When my friend died in the Kalamazoo shooting, I had to seriously think about how I viewed Uber. My friend wasn’t even using Uber at the time. She was getting into her own car at a local restaurant with some friends of hers. I recognize that Uber wasn’t responsible for the driver going on a shooting spree, but I have to wonder if it was Uber’s culture that led to a lack of response at the time.

Uber’s new CEO seems removed from how its services affect individuals and communities as its previous CEO did. When a company thinks that murder is a “mistake,” maybe it’s time to rethink about supporting a service that doesn’t seem to think about people, its employees, its drivers and its riders.

It may be more convenient than a cab, but it’s time to look at Uber’s real impact on society. I hear Uber saying that innocent deaths are just the cost of business. Is that the basis for a billion-dollar corporation?

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Opinion Editorials

Funny females are less likely to be promoted

(CAREER) Science says that the funnier a female, the less likely she is to be promoted. Uhh…

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funny females promoted less often

Faceless keyboard warriors around the world have been — incorrectly — lamenting that women just aren’t funny for years now (remember the “Ghostbusters” remake backlash?).The good news is they are obviously wrong. The bad news? When women dare to reveal their comedic side in the workplace they are often perceived as “disruptive” while men are rewarded.

That’s right. Women not only have to worry about being constantly interrupted, receiving raises less frequently than men despite asking for them equally as often, and still making nearly $10,000 less than men each year, but now they have to worry about being too funny at the office.

A recent University of Arizona study asked more than 300 people to read the fictional resume of a clothing store manager with the gender-neutral name “Sam” and watch a video presentation featuring Sam. The videos came in four versions: a serious male speaker, a humorous male speaker, a serious female speaker and a humorous female speaker.

According to the researchers, “humorous males are ascribed higher status compared with nonhumorous males, while humorous females are ascribed lower status compared with nonhumorous females.” Translation: Male workers earn respect for being funny while their funny female coworkers are often seen in a more negative light.

There are, of course, several reasons this could be the case. The researchers behind this particular study pointed to the stereotype that women are more dedicated to their families than their work, and being perceived as humorous could convey the sense they don’t take their work as seriously as men.

Psychiatrist Prudy Gourguechon offered another take, putting the blame directly on Sam the clothing store manager, calling out their seemingly narcissistic behavior and how society’s tolerance for such behavior is “distinctly gender-based.” She says these biases go back to the social programming of our childhoods and the roles mothers and fathers tend to play in our upbringing.

So what are women supposed to do with this information?

Gourgechon’s status quo advice includes telling women to not stop being funny, but “to be aware of the the feelings and subjectivities of the people around you.” While recommending an empathetic stance isn’t necessarily bad advice, it still puts the onus on women to change their behavior, worry about what everyone else thinks and attempt to please everyone around them.

We already know that professional women can have an extremely hard time remaining true to themselves in the workplace — especially women in the tech industry — and authenticity is often a privilege saved for those who conform to the accepted culture. We obviously still have a long way to go before women stop being “punished” for being funny at work, but things seem to be progressing, however slowly.

Former First Lady Michelle Obama shared her thoughts last year on the improvements that have been made and the changes that still need to happen, including encouraging men to step up and do their part. In the wake of the #metoo movement, CNBC recommended five things men can do to support women at work. There are amazing women in STEM positions around the world we can all admire and shine a spotlight on.

All of these steps — both big and small — will continue to chip away at the gender inequality that permeates today’s workplaces. And perhaps one day in the near future, female clothing store manager Sam will be allowed to be just as funny as male clothing store manager Sam.

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Opinion Editorials

To the unsung entrepreneurial heroes – we believe in you

(EDITORIAL) To the unseen entrepreneur we see you and we know that you work your tails off to do good things in your community even if it never means going IPO.

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restaurant entrepreneurs

I recently frequented one of my favorite new restaurants to find it permanently closed after less than a year. This locally sourced brunch place had pinpointed all of the farms that supplied their food on a map of California that hung like gallery art in the center of their restaurant.

They made sandwiches at their shop with donated food for the homeless and wrote inspirational notes to tuck inside their brown bag lunches. Their food was not only nutritious but delicious, and they seemed to always have patrons when we went, not too many that there was a line out the door, but enough that they always seemed busy.

I wish that we had spent more time there, more money, told more of our friends or left glowing yelp reviews, but we are only two people, two people who took a delicious restaurant for granted because we thought how could this fail?

I’m sure that’s what the owners believed too when they started out.

They probably thought they’d make great food that people want to eat in a location newly dubbed Silicon Beach – amid shiny live/work complexes, surrounded by startups and young people.

They ventured that they could morally source nutritious food, give back to the community, and be excellent.

Part of me imagines that they did so well as a restaurant that they shut their doors just to expand, or open in a better location, or take a much needed break. But they probably failed, like so many businesses do, and I want to take a moment to say thanks.

Not just to the restaurant that served the best breakfast tater tots that I have ever had the pleasure of eating, but to every entrepreneur who embarks on a journey that tries to make the world better.

I’m not just talking about the tech entrepreneurs, though we need you too.

I’m mostly talking about the unseen baker that wakes up at 3am every morning just to bring a handful of baked goods to their city. Or about the small store owner that stocks chotchkies and cookbooks and beautiful things all of which I wish I could buy. I’m talking about the start up plumber who shows up to your house on a Sunday afternoon and fixes your toilet because you’re at your wits end.

You are the unsung entrepreneurs, the heroes that we hurriedly thank on our way out the door.

You are the folks who had a dream and risked everything to bring us delicious food, adorable chotchkies, and functional plumbing.

A mentor of mine once told me that to be successful you must jump in the water, swim as fast as you can, and slowly increase the speed.

To those of you out there swimming as fast as you can – we’re behind you, and we appreciate you.

This is your headline, one you don’t often get — keep doing what you’re doing, we believe in you, and your hard work does not go unnoticed.

And if you decide after everything you’ve been through that it’s time to hang a permanently closed sign on your front door, there are people out there, lots of them maybe, who will mourn the loss of your mini quiches, your adorable iPhone cases, or even the best breakfast tater tots in the world.

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