美国联邦贸易委员会（FTC）FTC 宣布全国范围内禁止竞业协议，详细请看
美国联邦贸易委员会（FTC）于2024年4月23日发布最终规定，全国范围内禁止非竞争协议。此举旨在通过保护工人更换工作的自由来促进竞争，增加创新，并推动经济增长。根据FTC的预测，新业务的形成将每年增加2.7%，预计每年将新增超过8500家新企业。此外，预计工人的平均收入将增加524美元，未来十年内医疗费用预计将减少高达1940亿美元。同时，预计该规定还将在未来十年内每年新增17000至29000项专利。
详情以英文版为准：
FTC Announces Rule Banning Noncompetes
FTC’s final rule will generate over 8,500 new businesses each year, raise worker wages, lower health care costs, and boost innovation
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.”
The FTC estimates that the final rule banning noncompetes will lead to new business formation growing by 2.7% per year, resulting in more than 8,500 additional new businesses created each year. The final rule is expected to result in higher earnings for workers, with estimated earnings increasing for the average worker by an additional $524 per year, and it is expected to lower health care costs by up to $194 billion over the next decade. In addition, the final rule is expected to help drive innovation, leading to an estimated average increase of 17,000 to 29,000 more patents each year for the next 10 years under the final rule.
Noncompetes are a widespread and often exploitative practice imposing contractual conditions that prevent workers from taking a new job or starting a new business. Noncompetes often force workers to either stay in a job they want to leave or bear other significant harms and costs, such as being forced to switch to a lower-paying field, being forced to relocate, being forced to leave the workforce altogether, or being forced to defend against expensive litigation. An estimated 30 million workers—nearly one in five Americans—are subject to a noncompete.
Under the FTC’s new rule, existing noncompetes for the vast majority of workers will no longer be enforceable after the rule’s effective date. Existing noncompetes for senior executives - who represent less than 0.75% of workers - can remain in force under the FTC’s final rule, but employers are banned from entering into or attempting to enforce any new noncompetes, even if they involve senior executives. Employers will be required to provide notice to workers other than senior executives who are bound by an existing noncompete that they will not be enforcing any noncompetes against them.
In January 2023, the FTC issued a proposed rule which was subject to a 90-day public comment period. The FTC received more than 26,000 comments on the proposed rule, with over 25,000 comments in support of the FTC’s proposed ban on noncompetes. The comments informed the FTC’s final rulemaking process, with the FTC carefully reviewing each comment and making changes to the proposed rule in response to the public’s feedback.
In the final rule, the Commission has determined that it is an unfair method of competition, and therefore a violation of Section 5 of the FTC Act, for employers to enter into noncompetes with workers and to enforce certain noncompetes.
The Commission found that noncompetes tend to negatively affect competitive conditions in labor markets by inhibiting efficient matching between workers and employers. The Commission also found that noncompetes tend to negatively affect competitive conditions in product and service markets, inhibiting new business formation and innovation. There is also evidence that noncompetes lead to increased market concentration and higher prices for consumers.
Alternatives to Noncompetes
The Commission found that employers have several alternatives to noncompetes that still enable firms to protect their investments without having to enforce a noncompete.
Trade secret laws and non-disclosure agreements (NDAs) both provide employers with well-established means to protect proprietary and other sensitive information. Researchers estimate that over 95% of workers with a noncompete already have an NDA.
The Commission also finds that instead of using noncompetes to lock in workers, employers that wish to retain employees can compete on the merits for the worker’s labor services by improving wages and working conditions.
Changes from the NPRM
Under the final rule, existing noncompetes for senior executives can remain in force. Employers, however, are prohibited from entering into or enforcing new noncompetes with senior executives. The final rule defines senior executives as workers earning more than $151,164 annually and who are in policy-making positions.
Additionally, the Commission has eliminated a provision in the proposed rule that would have required employers to legally modify existing noncompetes by formally rescinding them. That change will help to streamline compliance.
Instead, under the final rule, employers will simply have to provide notice to workers bound to an existing noncompete that the noncompete agreement will not be enforced against them in the future. To aid employers’ compliance with this requirement, the Commission has included model language in the final rule that employers can use to communicate to workers.
The Commission vote to approve the issuance of the final rule was 3-2 with Commissioners Melissa Holyoak and Andrew N. Ferguson voting no. Commissioners’ written statements will follow at a later date.
The final rule will become effective 120 days after publication in the Federal Register.
Once the rule is effective, market participants can report information about a suspected violation of the rule to the Bureau of Competition by emailing noncompete@ftc.gov.
The Federal Trade Commission develops policy initiatives on issues that affect competition, consumers, and the U.S. economy. The FTC will never demand money, make threats, tell you to transfer money, or promise you a prize. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts.
Final Rule
2024年04月23日
Final Rule
EEOC Issues Final Regulation on Pregnant Workers Fairness Act美国平等就业机会委员会（EEOC）发布了《怀孕工作者公平法案》（PWFA）的最终规则，该规则自2023年6月27日生效，要求15名以上员工的雇主为怀孕、分娩或相关医疗条件的员工提供合理的工作调整，除非这种调整给雇主带来过大困难。此规则进一步加强了1964年民权法案和美国残疾人法案下的保护措施，提供了关于合理调整、雇主责任及孕期工作者权利的更清晰指导。
Aids Implementation of Civil Rights Law Expanding Protections and Accommodations for Pregnant Workers
WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today issued a final rule to implement the Pregnant Workers Fairness Act (PWFA), providing important clarity that will allow pregnant workers the ability to work and maintain a healthy pregnancy and help employers understand their duties under the law. The PWFA requires most employers with 15 or more employees to provide “reasonable accommodations,” or changes at work, for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
The PWFA builds upon existing protections against pregnancy discrimination under Title VII of the Civil Rights Act of 1964 and access to reasonable accommodations under the Americans with Disabilities Act. The EEOC began accepting charges of discrimination on June 27, 2023, the day on which the PWFA became effective.
The final rule will be published in the Federal Register on Apr. 19. The final rule was approved by majority vote of the Commission on Apr. 3, 2024, and becomes effective 60 days after publication in the Federal Register.
The final rule and its accompanying interpretative guidance reflect the EEOC’s deliberation and response to the approximately 100,000 public comments received on the Notice of Proposed Rulemaking. It provides clarity to employers and workers about who is covered, the types of limitations and medical conditions covered, how individuals can request reasonable accommodations, and numerous concrete examples.
“The Pregnant Workers Fairness Act is a win for workers, families, and our economy. It gives pregnant workers clear access to reasonable accommodations that will allow them to keep doing their jobs safely and effectively, free from discrimination and retaliation,” said EEOC Chair Charlotte A. Burrows. “At the EEOC, we have assisted women who have experienced serious health risks and unimaginable loss simply because they could not access a reasonable accommodation on the job. This final rule provides important information and guidance to help employers meet their responsibilities, and to jobseekers and employees about their rights. It encourages employers and employees to communicate early and often, allowing them to identify and resolve issues in a timely manner.”
Highlights from the final regulation include:
· Numerous examples of reasonable accommodations such as additional breaks to drink water, eat, or use the restroom; a stool to sit on while working; time off for health care appointments; temporary reassignment; temporary suspension of certain job duties; telework; or time off to recover from childbirth or a miscarriage, among others.
· Guidance regarding limitations and medical conditions for which employees or applicants may seek reasonable accommodation, including miscarriage or still birth; migraines; lactation; and pregnancy-related conditions that are episodic, such as morning sickness. This guidance is based on Congress’s PWFA statutory language, the EEOC’s longstanding definition of “pregnancy, childbirth, and related medical conditions” from Title VII of the Civil Rights Act of 1964, and court decisions interpreting the term “pregnancy, childbirth, or related medical conditions from Title VII.
· Guidance encouraging early and frequent communication between employers and workers to raise and resolve requests for reasonable accommodation in a timely manner.
· Clarification that an employer is not required to seek supporting documentation when an employee asks for a reasonable accommodation and should only do so when it is reasonable under the circumstances.
· Explanation of when an accommodation would impose an undue hardship on an employer and its business.
· Information on how employers may assert defenses or exemptions, including those based on religion, as early as possible in charge processing.
More information about the PWFA and the EEOC’s final rule, including resources for employers and workers, is available on the EEOC’s “What You Should Know about the Pregnant Workers Fairness Act” webpage.
For more information on pregnancy discrimination, please visit https://www.eeoc.gov/pregnancy-discrimination.
The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
Final Rule
2024年04月19日
Final Rule
两个H1B Final Rules最全解读｜一人一抽落地，申请费真的涨了！一人一抽必然是打击滥用抽签的最好手段，但是基于移民局拖拖拉拉的性格，政策能否今年落地大家都在关注。终于！就在今天！（美国华盛顿1月30日）国土安全部公布了一份叫做Improving the H-1B Registration Selection Process and Program Integrity的文件，正式确认：
从今年2月2日起公告30天后，今年3月3日起，H-1B将采用“一人一抽”制度！Official response: DHS agrees with the need for prompt implementation of this rule. This rule will be effective in time for the FY 2025 H-1B cap season (the H-1B registration period and related selection process beginning in March 2024).国土安全部卡着最后时间节点走到这一步，想必有今年必须实行的决心，而且这一维护抽签公平的制度要想找个理由，在公示期内提出有效异议也比较困难。Final Rule说，今年H-1B怎么抽？必须用Passport/Travel Document来注册。往年没有护照也可以参与抽签，但是今年开始，受益人与护照信息绑定，防止一人多抽现象发生。How does it work？ 今年之前的H-1B注册抽签都是基于雇主而非受益人，所以同一个受益人可以有多个抽签机会。但是改革之后是基于受益人来抽签，纵使您有上百个雇主注册抽签，也只能占用一个抽签名额。3月6日开始注册！之前不是还说要自动延长Cap-Gap时间到次年4月1日，还有要支持H-1B自主创业么？
不好意思，这两个政策Final Rule都没说，今年可能来不及落地。
如果我有多个offer怎么办？
所有的公司正常注册抽签，一人一抽不排斥多个公司sponsor同一个受益人。您可以中签后选择最心仪的公司递交H-1B申请。
中签后我可以递交多份H-1B申请提高批准率吗？可以，这一点移民局不禁止。今年H-1B申请费怎么涨？首先我们来明确涨价前H-1B申请费的组成部分：注册抽签费 + 基本申请费 + 反诈骗费 + 美国工人培训费 （+ 加急费，自选），我们来一个一个说明。今年的H-1B申请费怎么涨？
注册抽签费：移民局已经确认，不涨价！还是10刀！
基本申请费：根据最新的Final Rule，要对申请人（雇主）进行区分了！如果您的雇主是小公司/non-profit，那么基本申请费还保持在$460。如果您的雇主不属于前面两类，则基本申请费会涨价到$780，涨价幅度是70%！*小公司：雇佣25个或以下全职员工的公司。
反诈骗费：Final Rule里没说要涨价，所以维持在500刀。
美国工人培训费：没有涨价，还是25个全职员工以下的小公司及无需抽签的雇主缴纳750刀，其他雇主缴纳1500刀。
加急费：Final Rule没说涨价，但是2023年12月27日，移民局公告说：从2024年2月26日起，H-1B加急费将从原本的$2，500涨到$2,805，所以加急费不是不涨是刚涨过。
庇护费：USCIS说，要限制H-1B申请人交庇护费的频率。所以坏消息是，600刀庇护费要交了（小公司的庇护费减半，一共是300刀），好消息是仅应针对H-1B首次申请，后续的transfer、extension、renewals、change of status都不需要重新交。庇护费于今年4月1日生效。如果今年抽签H-1B，涨价是躲不掉的，但是如果您申请H-1B transfer、extension之类的，或者不用抽签，只要您能在4月1日前递交H-1B申请，涨价的镰刀就割不到！
USCIS: The Asylum Program Fee should only be assessed for the initial petition filed by an employer, like the Fraud Prevention and Detection and Public Law 114-113 fees, and not subsequent transfers, extensions, renewals, and changes of status.
Source 小敏话移民WeChat official account
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