Unconventional Tools for States and Cities to Build Worker Power: A Case Study on Noncompete Agreements

Eushrah Hossain - Public Rights Project
Valencia Scott - Public Rights Project
Joshua Rosenthal - Public Rights Project
Vol. 57
June 2024
Page 3063

This Essay presents a case study on how state and local governments can build worker power: efforts to combat barriers to worker mobility, particularly noncompete agreements. Free labor requires the ability to quit. And that requires the ability to work elsewhere. This power is even more valuable in the tight labor markets that have emerged following the COVID-19 pandemic, as workers see substantial wage gains from shifting jobs. Moreover, noncompete agreements can exacerbate retaliation, deterring workers from exercising other rights. For these reasons, effective action to protect workers’ right to mobility can help support worker power more broadly.

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