This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement, and private sector employee matters.
By Kimberly Berry
The White House recently asked states to enact legislation banning non-compete agreements for low-wage workers in an effort to increase competition and improve the economy. In a White House report issued on October 25, 2016, it explained that these types of agreements often prevent out-of-work employees from finding new jobs in their career fields. The White House also stated that these non-compete agreements interfere with worker mobility.
A non-compete agreement typically bars an employee from working for a competitor or starting his or her own business once the employee leaves the employer.
The White House report cited the fact that 20 percent of U.S. workers have signed non-compete agreements preventing them from working for competitors. The figure included an approximate 17 percent of employees who do not hold a college degree. As such, the White House is requesting that states pass bans on non-compete agreements for workers who do not possess trade secrets. Additionally, the White House is asking that states require companies to be more transparent about contracts.
The three principal recommendations in the White House report on state changes to non-compete agreements include:
- Enact State Bans on Non-Compete Clauses for Certain Categories of Workers: (1) workers under a certain wage threshold; (2) workers in certain occupations involving public health and safety; (3) workers who are unlikely to possess trade secrets; or (4) those who may suffer undue adverse impacts from non-competes, such as workers laid off or terminated without cause.
- Improvement in Transparency and Fairness: of non-compete agreements by, for example, disallowing non-competes unless they are proposed before a job offer or significant promotion has been accepted (because an applicant who has accepted an offer and declined other positions may have less bargaining power); providing consideration over and above continued employment for workers who sign non-compete agreements; or encouraging employers to better inform workers about the law in their state and the existence of non-competes in contracts and how they work.
- Give Incentives to Employers: to write enforceable contracts, and encourage the elimination of unenforceable provisions by, for example, promoting the use of the “red pencil doctrine,” which renders contracts with unenforceable provisions void in their entirety.
These proposed changes are hopefully raising more awareness regarding the issue of arbitrary and meaningless overuse of certain non-compete agreements. Unfortunately, it is not uncommon to see lower wage-earning employees being forced to sign unnecessary and overly restrictive non-compete agreements. However, there have been some positive developments, and three states have already enacted changes to non-compete agreements, including California, Oklahoma and North Dakota.
If you need assistance with a non-compete agreement, or other employment matter, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation. Please also visit and like us on Facebook at www.facebook.com/BerryBerryPllc.
Good Monday evening, Arlington. Let’s take a look back at today’s stories and a look forward to tomorrow’s event calendar. 🕗 News recap The following articles were published earlier today…
More Arlington properties could be impacted by 100- and 500-year floods, according to new federal flood insurance rate maps. The county estimates some 300 buildings, up from 172, now risk…
Costs are creeping up for a courtroom makeover in Arlington. County Board members approved an extra $200,000 this past Saturday to complete renovations in Courtroom 10B, a project ambitiously dubbed…
Gardens with abundant native species could soon have an official definition in county code: “managed natural landscape.” This definition would protect Arlingtonians who grow the kinds of native grasses, wildflowers…
Discover Healing and Renewed Well-Being through Psychotherapy
Life’s challenges can sometimes feel overwhelming, leaving us with feelings of anxiety, depression, and uncertainty. That’s where psychotherapy can make a profound difference. Our dedicated team of experienced therapists is here to guide you on a journey towards emotional and mental well-being.
Why Choose Psychotherapy?
Psychotherapy offers a safe, confidential space for you to explore your thoughts, emotions, and behaviors. Whether you’re facing a specific issue or seeking personal growth, our therapists are here to support you. We believe in the power of conversation, empathy, and understanding to help you gain insights, develop coping strategies, and make positive changes in your life.
Our local therapy practice is delighted to welcome Stacey Cali, Resident in Counseling, who has openings now for new clients. Stacey specializes in therapy for women, couples, teens and families. A graduate of George Mason University’s Clinical Mental Health Counseling Masters Program, Stacey is also passionate about working with people with addiction.
Stacey’s approach: “Therapy’s a powerful combination of reflection, support and action. You’ll find sessions are filled with empowerment, compassion, goal setting and a metaphorical shovel to dig deep to find the root of your difficulties and how to move past them.”
Adds Stacey, “As a therapist who works with women, teens, couples and families, I use a personalized style of counseling, tailored to you as an individual. You’re the expert in your life, I’m just here to guide you towards transformation and healing.”
Stacey grew up in the area and decided to stay here, “since it’s close to beaches, mountains, and cities.” “In my spare time you can find me doing yoga, hiking, or gardening. I also love lounging and streaming shows or movies. I enjoy trying diverse restaurants and trying new food, my favorites now are sushi & Mexican.”
Whether you’re expecting your first baby or you just had your first baby, we want to meet YOU! All those feelings you’re having are NORMAL and it’s not just you. Please don’t isolate yourself – that’s quicksand.
Mamistad groups are