Florida is letting companies make it harder for highly paid workers to swap jobs
Overview of the New Florida Law
- Law allows noncompetes/garden leave up to four years for “highly paid” workers (threshold cited as $140k+).
- Covered employees can be barred from competing but must retain base salary and benefits; bonuses, equity, and variable comp are excluded.
- Seen as particularly tailored to financial firms and hedge funds expanding in Florida.
Impact on Workers and Labor Markets
- Critics argue four years out of the market is effectively career-ending in fast-moving fields (finance, tech), even if base pay continues.
- Loss of bonuses and stock is a major pay cut for top earners whose compensation is heavily variable.
- Many see this as giving employers control over an employee’s economic destiny for years, suppressing job mobility and wages, and distorting the “free labor market.”
- Some commenters frame it as a “paid sabbatical”; others say this ignores long‑term skill atrophy and employability.
Finance, Migration, and Competitiveness
- Law is viewed as a “win” for hedge funds (e.g., those moving operations and key roles to Miami/Tampa).
- Argument from firms’ side: they need protection for expensive strategies and “clean, high‑paying jobs.”
- Counterpoint: harsh noncompetes may deter top talent who can instead choose NYC, London, or California’s noncompete‑free environment.
Noncompetes: Ethics and Alternatives
- Strong sentiment that noncompetes are exploitative or akin to indentured servitude; California’s success without them is repeatedly cited.
- Minority view: noncompetes can help small firms protect investments in training and IP, but should be narrowly scoped, short, and fully paid.
- Debate over whether firms should simply pay more and improve conditions instead of restricting movement.
Enforcement and Legal Nuances
- New Florida standard reportedly favors employers: automatic injunctions, “clear and convincing” burden on employees, and limits on using confidential info to contest.
- Garden leave appears to require base pay, but not full “total comp.”
- Commenters note that moving to California can weaken enforceability, but cross‑state outcomes remain complex and lawyer‑dependent.
Florida’s Broader Attractiveness (Climate, Costs, Politics)
- Side discussion questions whether Florida’s weather, climate risk (hurricanes, flooding, porous limestone, seawall costs), low wages and high insurance make it attractive to high earners.
- Some see this law as part of a broader pattern of pro‑corporate, anti‑labor policy in economically fragile, low‑tax states.