The White House estimates that noncompete agreements are used by roughly half of private-sector businesses for at least some of their employees, affecting anywhere between 36 million and 60 million workers. The numbers come from a 2019 report from the left-leaning Economic Policy Institute, which surveyed 634 employers.
The report found that while businesses with well-paid, highly educated workers are more likely to use noncompetes, the agreements were not uncommon in sectors dominated by low-wage workers. Almost 30% of establishments offering an average hourly wage below $13 require noncompetes for all their workers, the survey found.
Famously, the sandwich chain Jimmy John’s agreed to stop using noncompetes in 2016 after being sued in New York and Illinois. The chain had prohibited its sandwich-makers and drivers from working for another sandwich shop within a 3-mile radius of any Jimmy John’s in the country.
Noncompetes are still fairly common in construction, manufacturing and retail, the EPI survey found. And workers bound by them often enter jobs unaware of the requirement. Almost a third of businesses surveyed said they ask new employees to sign the agreements after they’ve accepted the job, often on their first day of work.