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Why Noncompetes Could Soon Be a Non-Thing

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Why Noncompetes Could Soon Be a Non-Thing


Wacky tales of fry cooks who can’t transfer to a competitor’s grill for a increase, or mid-level execs with ambition and a vivid thought who can’t begin their very own companies make noncompete agreements straightforward to hate. A current proposal by the Federal Commerce Fee (FTC) that will ban most noncompetes relies closely on analysis by Evan Starr, a College of Maryland affiliate professor of administration.

Starr, an economist, has spent years finding out using these agreements for each low-wage employees and workers with specialised expertise, documenting their sometimes-crippling results. Because the remark interval on the proposed rule continues, Starr spoke to Maryland Right now in regards to the rising transfer to curb noncompetes and his personal expertise with them.

What’s the silliest noncompete clause you’ve heard of?
Unsure it’s completely probably the most excessive, however after I was in grad faculty, my spouse volunteered for Women on the Run Worldwide, a nonprofit that takes women operating after faculty. On the finish of her signup kind was a two-year noncompete settlement to the impact that you could possibly not begin and even assist any after-school bodily schooling program for women. We had been in Michigan, however I went on-line and signed up as “Evana Starr” for a similar group in Silicon Valley, and needed to signal the identical noncompete, regardless that California has made them unenforceable since 1872.

Why would they ever require that?
For nonprofits, main sources of funding come by their donor networks, which are typically hooked up to sure workers. If somebody goes elsewhere and takes that with them, it could kill your donations. As for why organizations have you ever signal an in the end unenforceable settlement: Most employees do not know what the state legal guidelines are. They have a tendency to suppose after they signal their title on a dotted line, the contract will maintain up in court docket. They will’t afford legal professionals, and so most employees could be chilled simply by the specter of enforcement of this stuff.

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Presumably, many individuals studying this have by no means been requested to signal a noncompete. Why ought to they care?
We have a tendency to consider noncompetes in isolation: A given employee indicators one, and the way does have an effect on them? However what occurs when a complete labor market is certain by noncompetes? Take the tech business, for instance. If most companies use noncompetes, how can anybody begin a brand new agency? And if somebody does begin a brand new agency, who can they rent? As a employee, who’s going to present you a job provide in order for you a increase? Our major discovering in a single paper about this concept was that in locations with widespread, enforceable noncompetes, your complete labor market is much less dynamic. And importantly, the general impact in that market is identical for employees not certain by noncompetes. It’s possible you’ll be affected by another person’s noncompete and never even comprehend it.

Is there a rational financial argument for noncompetes?
That is the query that has actually motivated all my analysis, as a result of courts have been caught in debates about noncompetes for the reason that first case about them in England in 1414. The principle theoretical rationale is that, absent noncompetes, companies could also be much less prone to spend money on the event of commerce secrets and techniques and different priceless data as a result of they are going to be involved that such investments could subsidize their competitors. Nonetheless, the evaluation I’ve performed means that companies don’t actually worth the power to implement noncompetes towards most employees, largely as a result of they produce other instruments to guard their pursuits. If something, they care in regards to the prime executives, individuals who maintain the keys to the dominion, so to talk, and who corporations might rationally not need leaping to a competitor.

Your analysis underpins quite a lot of the Biden administration’s deliberations on this, in addition to pending FTC guidelines. The place does all of the curiosity come from?
A lot of it’s a continuation of issues from the Obama administration. In 2014 we had the Jimmy John’s case the place noncompetes had been getting used for minimum-wage sandwich makers, and there was the case of Amazon asking briefly employed packers to signal 18-month noncompetes that prohibited them from working in any business anyplace wherein Amazon was promoting something. It was excessive. So the administration mentioned, “Huh, this can be affecting labor market competitors.” On the identical time, there was a form of awakening amongst economists that perhaps labor markets aren’t as aggressive as we’ve lengthy assumed. After which after all FTC has additionally turn out to be very concerned about all of this.

What’s prone to occur?
I do count on the FTC will transfer ahead with their rule. There’s a query of whether or not it’s going to cowl everybody or if there will likely be carveouts for prime executives. Within the brief run, if the FTC’s rule goes into impact there’ll probably be authorized challenges, and a choice will likely be made as as to whether the proposed rule will likely be allowed to return into impact because the courts handle the challenges.

If the courts in the end enable the rule, or federal laws to ban noncompetes passes within the interim, then the empirical analysis suggests a number of issues will occur. Staff will likely be extra prone to change jobs and begin new companies and wages will probably rise. Innovation pushed by the recombination of concepts and the power to rent wanted expertise will even probably improve. On the identical time, I might count on a small improve in litigation associated to commerce secret misappropriation and the disclosure of confidential data, as employers substitute in the direction of various restrictions.

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Maryland issues a new suicide prevention action plan for schools, families – WTOP News

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Maryland issues a new suicide prevention action plan for schools, families – WTOP News


Suicide is the third leading cause of death for young people between the ages of 10 and 24 in Maryland. That’s according to a new suicide prevention action plan produced through the state’s Department of Health.

Suicide is the third leading cause of death for young people between the ages of 10 and 24 in Maryland. That’s according to a new suicide prevention action plan produced through the state’s Department of Health.

Scott Poland, the director of the Office of Suicide and Violence Prevention at Nova Southeastern University College of Psychology, talked to WTOP about the action plan he authored with his wife, Donna, who is a career educator.

The “Maryland Action Plan to Prevent Suicide in K-12 Schools” serves as a reference guide to school administrators and the community, and was developed in cooperation with the state health department’s Office of Suicide Prevention.

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Poland said one thing that surprises people is that children as young as 8 years old may consider taking their own lives.

“I hear from school personnel all around the country (asking if they) have to take it seriously (if a fourth or fifth grader is talking about suicide). And the answer is absolutely yes,” Poland said.

Among the data points in the action plan is a survey of students in the “Youth Risk Behavior Surveillance Survey of 2021/2022.” According to that survey, 21% of high school students “seriously considered suicide” in the past year, and 27% of middle schoolers considered suicide at some point in their lives.

Poland said it’s important to talk about suicide with young people, and that the idea that talking about it might encourage a young person to consider suicide is a “myth.”

“When we actually bring it up, it gives someone a chance to unburden themselves, to realize that they’re not alone, that there are alternatives and that there is help available,” Poland said.

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But he said young people are most susceptible to imitating suicidal behavior: “It is important that we not glorify the suicide victim.”

Instead, Poland said, the emphasis after a suicide should be on healing those affected and helping them find appropriate ways to deal with their emotions and mental health.

The plan released this week includes providing intervention action plans for a young person who may be considering suicide.

“Part of that, of course, is removing lethal means and developing a written safety plan with them,” he said.

Poland said that can include helping people understand “the importance of calling 988, doing things that can calm themselves down,” and reaching out to the nearest trusted adult.

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People can reach the national resource for crisis response services and suicide prevention by dialing 988.

Poland said social media is “wreaking havoc” on children’s emotional well-being, often making them feel “not smart enough, not rich enough, not good enough.” Poland said he’s currently working with the state of South Dakota on developing tools to help “young people be a little more mindful and make better decisions about their screen time.”

Poland said parents can help — when it comes to the hours and hours that many people spend online — by modeling healthy amounts of screen time themselves. And he said adults need to think about how they introduce technology to their kids.

“We’re in too (much of) a hurry to give kids smartphones and 24-hour internet access,” Poland said.

“I really have to compliment Maryland,” Poland said, on coming up with the new plan.

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Poland said Maryland does not have an especially high rate of suicide, but “I think we all recognize that losing one young person to suicide is one too many.”

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© 2024 WTOP. All Rights Reserved. This website is not intended for users located within the European Economic Area.



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Getting to know Michigan State football’s Week 2 opponent: Maryland

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Getting to know Michigan State football’s Week 2 opponent: Maryland


Game two is coming up for Michigan State football as the Spartans hit the road for an early season Big Ten matchup against Maryland. The Terps have had MSU’s number in recent years, but the Spartans’ new-look team is ready to change that narrative this weekend.

Jonathan Smith and his staff have a lot to work on this week after a lackluster 16-10 win over Florida Atlantic, but we’ve become more than used to slow starts for MSU in their first game so it’s not time to panic just yet.

While the team wraps up their preparations for Maryland, let’s take a quick look at the Terps and see what we can learn about them before the big game on Saturday.

Maryland is off and running in their 2024 campaign and had an absolutely dominant week one performance. The Terps took on UConn at home and came away with an impressive 50-7 win. Sure UConn is an awful football program, but we saw how poorly Michigan State just did against a similar opponent.

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Not only was the final score lopsided, but ever major statistical category was as well. Maryland doubled UConn in first downs and rushing yards, threw for nearly 400 passing yards and even won the turnover battle 3-0. The Terps also only had five penalties for 45 yards which is significantly better than MSU’s 12 for 140 yards against FAU.

Sure all of this took place against UConn, but it appears that Maryland is in a very good spot heading into this big week two matchup.

One thing that I thought would be a positive for Michigan State in this game is that Maryland is breaking in a new quarterback as well. The Terps’ quarterback, Billy Edwards Jr., went off against UConn and completed 20-of-27 passes for 311 yards and two touchdowns. He also is a capable runner and added 39 yards on the ground, so Michigan State will have its hands full on Saturday slowing him down.

The Terps don’t have one standout running back in the backfield, so that does benefit MSU. They do however have two solid backs in Roman Hemby and Nolan Ray who both ran for over 60 yards and one score each.

The one player however that Michigan State needs to pay the most attention to is wide receiver Tai Felton. He had one of the best Week 1 performances in the country as he recorded seven receptions for 178 yards and two touchdowns. Thankfully MSU’s defense and secondary looked much improved against FAU, so hopefully that carries over into this weekend’s matchup.

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The opportunity in front of MSU on Saturday is massive. The Spartans are big underdogs in this matchup which they probably deserve, but a win would do wonders not just for the overall perception of the team but for their confidence moving forward.

I’ve got a strange feeling that we’re going to be very happy around 7 p.m. ET Saturday night.



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Maryland makes filing taxes online free for some

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Maryland makes filing taxes online free for some


More than 700,000 Marylanders should be able to file their state and federal income tax returns online for free next year, saving residents hours of work and hundreds of dollars on tax software and prep services.

Maryland joined dozens of states Wednesday in a voluntary federal program called Direct File after a test run received positive reviews and showed possible cost savings. Filing paper returns by mail will still be an option.

“It’s unacceptable that Marylanders should have to pay any portion whatsoever of their refund or paycheck to fulfill a mandatory requirement like filing tax returns,” Maryland Comptroller Brooke Lierman said at a news conference in Annapolis.

The first-term Democrat called the program a game changer for Maryland taxpayers that will modernize her agency. It targets low-to-moderate earners with relatively simple tax returns, and is expected to expand over time.

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Lierman’s office will partner with the nonprofit Code for America to integrate the Maryland tax filing system into Direct File. Eligibility requirements will be announced in January, the comptroller’s office said.

Gov. Wes Moore, State Treasurer Dereck E. Davis, members of Maryland’s congressional delegation, U.S. Deputy Secretary of the Treasury Wally Adeyemo and nonprofit partners joined Lierman for the announcement.

U.S. Rep. Steny Hoyer joined Gov. Wes Moore and others Wednesday to announce that Marylanders can file federal and state tax returns online starting in 2025. (Brenda Wintrode)

Funds from the Inflation Reduction Act of 2022 helped build and test the system. The IRS and Treasury Department then invited states to participate.

The IRS has been considering a free e-filing option for low-income American taxpayers for decades, according to the Congressional Research Service. When tax prep companies pushed back, the federal government agreed not to compete with them if they provided free help and e-filing to low-earning taxpayers.

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However, many qualified taxpayers were pushed toward paid services, according to an investigation by nonprofit news outlet ProPublica.

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The IRS piloted Direct File in 12 states this year. Filers used a laptop, tablet, cellphone or other device to submit income returns and request certain tax credits offered to low-earning individuals and families.

In a survey, nine out of 10 Direct File users ranked their experience as “Excellent” or “Above Average.”

U.S. Rep Steny Hoyer, a Democrat representing Maryland’s 5th District, called paying taxes the “price of our democracy.”

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“We ought to make it as easy as possible for people to comply with a legal obligation that they have to support their country, their state and their communities,” he said. “And this system of Direct File does that.”

Robin McKinney, CEO and co-founder of CASH Campaign of Maryland, said easy, free online filing makes the government work more efficiently for citizens and should deliver refunds and credits to taxpayers faster.

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McKinney’s nonprofit promotes economic advancement for low- to moderate-income Marylanders and provides free tax help, among other services.

Economic Security Project, a nonprofit that advocates for guaranteed income and economic equity for working families, found that adopting Direct File could mean $355 million in costs and time saved for Maryland’s low- to moderate-earners.

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Maryland recently has expanded tax credits for working families, but about $152 million goes unclaimed each year, according to the Security Project’s analysis.

They also estimated that about $148 million could be saved in filing fees and $56 million could be saved in time spent filing taxes.

That money could have gone into Marylanders’ pockets, CASH Campaign’s McKinney said, and it could have gone back into the state’s economy.





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