Free Republic

Today, the Federal Trade Commission issued a final rule to promote competition by banning noncompetes nationwide, protecting the fundamental freedom of workers to change jobs, increasing innovation, and fostering new business formation. “Noncompete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from the more than 8,500 new startups that would be created a year once noncompetes are banned,” said FTC Chair Lina M. Khan. “The FTC’s final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market.”...

Federal regulators on Tuesday enacted a nationwide ban on new noncompete agreements, which keep millions of Americans — from minimum-wage earners to CEOs — from changing jobs within their industries. The Federal Trade Commission on Tuesday afternoon voted 3-to-2 approve the new rule, which will ban noncompetes for all workers when the regulations take effect in 120 days. For senior executives, existing noncompetes can remain in force. For all other employees, existing noncompetes are not enforceable. The FTC heard from thousands of people who said they had been harmed by noncompetes, illustrating how the agreements are "robbing people of their...

NKSFB, the largest business management firm in the country and one of Hollywood's most trusted advisors, is at war with its parent company Focus Financial Partners.NKSFB, one of the most prominent business management firms in Hollywood and the largest in the country, is asking an L.A. judge to invalidate non-competes for dozens of business managers. They claim their parent company, Focus Financial Partners, is trying to evade California law and illegally bar them from pursuing their careers if they leave. On Wednesday, about 50 Nigro Karlin principals — including THR Power Business Managers Mickey Segal, Michael Karlin, Richard Feldstein, David...

The Federal Trade Commission on Thursday issued a proposal to ban the use of noncompete clauses, a move that would allow workers to take jobs with rival companies or start competing businesses without the threat of being sued by their employers. The FTC said noncompete clauses constitute an exploitative practice that undermines a 109-year-old law prohibiting unfair methods of competition. Noncompete clauses, which typically bar employees from joining a competitor for a period after they quit, affect nearly one in five American workers, according to the agency. Long associated with higher-paid managers, the clauses have also been imposed on lower-wage...

The streamer is unsuccessful in getting a California appeals court to lift an injunction.Netflix may see fixed-term contracts for entertainment executives as a form of involuntary servitude, but on Thursday, the streamer experienced a tough legal loss when a California appeals court refused to accept that perspective and overturn an injunction that prevented Netflix from poaching executives at Disney’s Fox unit. Fox sued back in September 2016 upon the defection of production executive Tara Flynn and marketing executive Marcos Waltenberg. Netflix responded with a countersuit alleging that the executives’ respective Fox employment contracts were unenforceable as an illegal non-compete. Netflix...

A judge in Seattle today denied a former Microsoft general manager’s new attempt to carve out a role for himself at Salesforce.com, saying the revised job proposal would still run afoul of his non-compete agreement with the Redmond company, even if it didn’t precisely match his former Microsoft role. The preliminary injunction entered by King County Superior Court Judge Kimberley Prochnau includes a provision enjoining the former Microsoft GM, Matthew Miszewski, from “working in a marketing role in salesforce.com’s public or commercial sector anywhere in the world.” Despite the restrictions, Judge Prochnau said from the bench that she still could...

The Texas Transportation Commission sounded the right notes last month in its first meeting under new leadership. Deirdre Delisi, recently appointed by Gov. Rick Perry to chair the commission, and her fellow commissioners finally seem to have gotten the message — the Texas Department of Transportation has lost the public's trust. For those with short memories, here are a few highlights that explain how that happened: •TxDOT fought to keep details of Perry's proposed Trans-Texas Corridor secret. It denied repeated requests from the media and landowners to let the public view a plan that calls for hundreds of miles of...

Gas prices topping $4 a gallon. Freeways that have become parking lots — if you can get to them through surface-street traffic jams caused by fast growth, urban sprawl, and inadequate road planning. Transportation planning in Texas in general seems to have turned into a careening Mack truck that’s just as liable to plow into a city as help it. New highways are needed to get more and more people to work and get NAFTA traffic from the Rio Grande to the Red River, but the state says it doesn’t have the money to build the roads and bridges and...

State Rep. Lois Kolkhorst said it’s time for Texas transportation officials to talk about real reforms to address the public outrage over the proposed Trans-Texas Corridor. The Brenham Republican’s reaction followed Thursday’s actions taken by the Texas Transportation Commission. The panel adopted a set of guiding principals and policies which will govern the development, construction and operation of all toll road projects on the state highway system and the controversial Trans-Texas Corridor. Bob Colwell, Texas Department of Transportation public information officer for the Bryan district, said the adoption of the guidelines does not reflect the final approval of Interstate 69...

Here is the full press release issued Thursday afternoon by State Representative Wayne Christian: Today State Representative Wayne Christian (R-Center), President of the Texas Conservative Coalition (TCC), announces an agreement on vital issues regarding the Trans-Texas Corridor. The Transportation Commission adopted a minute order today reaffirming five statutory requirements proposed by the members of the TCC and issuing two new protections for future transportation infrastructure development.  The minute order is a response to a February 4 letter from the Texas Conservative Coalition (TCC), the conservative caucus of the Texas Legislature.  Rep. Christian, along with thirty-three of his colleagues in the State House, signed it...

Non-compete clauses for tollways would be a non-starter under a policy the Texas Transportation Commission will consider Thursday. Such language in toll road contracts, which generally prohibit a toll road owner (such as the Texas Department of Transportation) from building or expanding a nearby free road, or require compensation for doing so, have been controversial in Texas and elsewhere. TxDOT’s contract with Cintra-Zachry, a Spanish and American consortium that will build and operate a southern section of Texas 130, requires TxDOT to pay up if it makes certain highway improvements within 10 miles of the road. The commission Thursday will...

Minutes south of Interstate 10 and Sealy, the pastures along FM 1458 are their own silent world in the morning. Mists lift to reveal black cattle, brown and spotted horses, snow-white egrets underfoot in lush green grass. Then a concrete mixer comes churning down the blacktop. Just up the road is a small subdivision. More are sure to come as city dwellers, including weekenders and retirees, move out in search of a quieter, simpler life — and relief from city traffic. Although the gradual influx may bring greater changes in the long run, what disturbs residents most is the planned...

Ever wish you weren't right? In 1997, the notion of selling off publicly owned infrastructure to private sector operators was coming into its own. After the city hired a consultant to determine the value of the publicly owned CPS Energy, it raised red flags. CPS consistently charges some of Texas' lowest utility rates while providing a significant chunk of the city's revenue, I argued. Profit motives can produce wondrous results. But uncontrolled, they can also produce costly disasters. Some things — especially those that efficiently deliver services that are essential — are best kept in the public sector to assure...

Toll road contract in Texas allows state to lower speed limits on nearby interstate freeway to avoid paying penalties to a private company. The Texas Department of Transportation (TxDOT) has agreed to consider lowering the maximum speed limit on a stretch of interstate highway that competes with a planned toll road. Cintra-Zachary, a joint Spanish-US venture, paid TxDOT $1.3 billion for the right to collect tolls on 40-miles of State Highway 130 set for construction beginning in 2009. Although TxDOT suggested that free market competition was part of the goal of using a public-private partnerships to construct and operate roads,...

The Texas Department of Transportation is installing traffic signals designed to increase congestion and drive toll road traffic. The Texas Department of Transportation (TxDOT) is using traffic signals to create the level of frustration to a point where the public is forced to accept toll roads. Earlier this month in Austin, TxDOT added an extra traffic signal on State Highway 71 to coincide with the opening of the third segment of the State Highway 130 toll road. Residents interviewed by News 8 Austin complained that the change made already bad traffic much worse on nearby free roads. "At its worst...

With all the madness in the world, I meditated Tuesday on two matters of great gratitude. One is that through vigilance and good fortune we have, so far, gone six years without another major attack on U.S. soil. The other is that I wasn't one of the Texas officials who was forced to attend a workshop in Austin in which PR flacks would try (under a $20,000 contract) to teach me techniques for selling Gov. Perry's massive toll road boondoggle. It was a small part of a $7 million to $9 million campaign that will include feel-good ads pushing Perry's...

The Texas Department of Transportation (TxDOT) says it needs to spend $9 million in taxpayer money to sell its vision of transportation policy to the public. Maybe if TxDOT pursued rational transportation policies, the public support would follow, and it could spend that $9 million building and maintaining roads. Here’s why Texans ought to be concerned. Borrowing carries a price tag. The Texas Constitution has traditionally eschewed deficit spending and required existing revenue to pay for existing spending. Now, the state wants to build most of its roads by borrowing, either publicly or by getting a private firm to agree...

The nation's transportation experts have identified their top three priorities: a national freight network, urban congestion and connecting new urban centers with the interstate system. The American Association of State Highway and Transportation Officials, meeting in national conference last month, heard futurists predict that the cost of meeting the transportation needs would be $3.1 trillion over the next 25 years. State and local governments are turning to "public-private partnerships," or PPPs, to produce the funding. The city of Chicago was happy to partner with a Spanish-Australian group that paid $1.83 billion for a 99-year lease to operate the Chicago Skyway....

For years, Fort Bend County officials enthusiastically supported the proposed I-69 highway, which would replace what is now U.S. 59. A promise of added lanes to the highway - and international trade - has been the driving force behind this initiative. Growing discontent over the direction of the project, however, led the county last year to decide against renewing membership with the non-profit, intergovernmental group that is pushing Interstate 69. And recently that same group was dealt a major blow with Harris County's decision to withdraw. County Judge Bob Hebert said the county pulled out not because of disagreement over...

AUSTIN – Lawmakers broke camp Monday, taking it on faith that Gov. Rick Perry won't slam the brakes on a compromise toll road bill. Monday's session finale came and went without Mr. Perry signing the bill, which imposes a partial two-year freeze on private toll road deals. Lawmakers did not try to override his veto on their initial bill to overhaul the state's toll policies. Many involved in the contentious toll road debate were expecting Mr. Perry to approve the bill by now because his office was closely involved in hammering out the compromise. Perry spokeswoman Krista Moody said the...