How do non-compete clauses affect workers and job mobility?

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1. 1

   Non-compete clause (Wikipedia)

   WikipediaPublished Oct 6, 2026Checked Oct 10, 2026

   “In contract law, a non-compete clause (often NCC), restrictive covenant, or covenant not to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer). In the labor market, these agreements prevent workers from freely moving across employers, and weaken the bargaining leverage of workers. Non-compete agreements are rooted in the medieval system of apprenticeship whereby an older master craftsman took on a younger apprentice, trained the apprentice, and in some cases entered into an agreement whereby the apprentice could not compete with the master after the apprenticeship. Modern uses of non-compete agreements are generally premised on preventing high-skilled workers from transferring trade secrets or a customer list from one firm to a competing firm, thus giving the competing firm a competitive advantage. However, many non-compete clauses apply to low-wage workers or individuals who do not possess transferable trade secrets. The extent to which non-compete clauses are legally allowed and enforced varies under different jurisdictions.”

2. 2

   Noncompete Clauses in Applied Behavior Analysis: A Prevalence and Practice Impact Survey.

   Behavior analysis in practice (Brown et al.)Published Sep 3, 2020Checked Oct 10, 2026

   “Behavior analysts seeking out new employment may have to weigh benefits such as pay, health care, and conditions of employment during negotiations. One condition of employment used in employment contracts is noncompete clauses (NCCs). NCCs are agreements between employers and employees that restrict the employee's ability to work in a specific field after employment ends. Although they can provide businesses with security, NCCs have the potential to impact how, when, and whom practitioners can serve after employment ends. Although NCCs and their effects have been studied in other fields, to our knowledge no analysis has occurred in the field of ABA. We surveyed 610 practicing behavior analysts to determine the prevalence of NCCs in the field of ABA and how respondents viewed the impact of NCCs on the field; one third (33.1%) of respondents indicated that their contract contained an NCC, and opinions on their potential impact were largely unfavorable. Results are discussed with regard to how NCCs can impact the growth of ABA, possible behavioral functions, possible alternatives to their use, and directions for future research.”

3. 3

   Reported Effects of Noncompete Clauses on Practitioners in Applied Behavior Analysis.

   Behavior analysis in practice (Brown & Brodhead)Published May 31, 2022Checked Oct 10, 2026

   “The purpose of the current study was to evaluate the reported impact of noncompete clauses (NCCs) on practitioners in the field of applied behavior analysis (ABA). Thirty-seven percent of respondents indicated they currently worked under a NCC, 33% reported working under one in the past, and 30% reported never working under one. Responses on the effects of NCCs on practitioners' personal and work lives were mixed. Some respondents reported benefits associated with working under an NCC such as increased pay and reduced commute. However, a concerning number of respondents reported being involved in litigation, having to partially or completely stop working in the field of ABA, having to turn away clients due to NCCs, or contemplating leaving the field altogether. Further, many owners reported using NCCs to protect trade secrets, to avoid losing clients, and reduce employee turnover. The impact of NCCs in ABA, the rights of employees and owners, and suggestions for potential solutions in the field are discussed.”

4. 4

   A Competition Perspective on Physician Non-compete Agreements.

   Inquiry : a journal of medical care organization, provision and financing (Gilman)Published Jan 1, 2024Checked Oct 10, 2026

   “Physician non-compete agreements may have significant competitive implications, and effects on both providers and patients, but they are treated variously under the law on a state-by-state basis. Reviewing the relevant law and the economic literature cannot identify with confidence the net effects of such agreements on either physicians or health care delivery with any generality. In addition to identifying future research projects to inform policy, it is argued that the antitrust "rule of reason" provides a useful and established framework with which to evaluate such agreements in specific health care markets and, potentially, to address those agreements most likely to do significant damage to health care competition and consumers.”

5. 5

   Burnham promises to curb non-compete rules in job contracts

   BBC NewsPublished Oct 9, 2026Checked Oct 10, 2026

   “The prime minister says restrictions on what workers can do after leaving roles have "gone too far".”