No abstract

The purpose of this article is to demonstrate, through the use of empirical evidence, the continued existence of gender-based compensation inequities in the United States. This is confirmed in an analysis of data collected by the authors showing women workers are paid less than men even when holding jobs with the same titles. Similar findings have been reported in a number of other recent studies. There appears to be grounds to conclude that the difference in pay cannot be totally and satisfactorily explained by factors such as experience or education. While inequities exist, whether continued paycheck inequality proves intentional discrimination remains unclear. However, to address the problem, remedial action is recommended in the form of the passage of new statutory law and the expansion of existing common law.

No abstract

Noncompete agreements have been widely used by employers in the United States for decades, mainly to guard against loss of business to competitors, as well as to protect valuable proprietary information. Historically this technique has been used by employers for higher level employees, such as management executives, researchers and higher level sales personnel. In this context, the use of noncompete clauses is considered legitimate and fair because it protects valuable business interests by restricting movement of key employees to competitors. However, the use of noncompetes has spread steadily downward, and now covers, in many instances, workers at the mid and lower levels of employment. This means that workers who have little or no access to important proprietary information are being unnecessarily prevented from job movement by restrictive contracts. This article examines the effect of this development on both workers and the economy and explores possible reforms to address overuse of noncompete agreements.