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“Business Goes To The Wage Cutter”: Abusive Labor Practices And Unfair Competition

Antitrust enforcers have recently begun to treat abusive labor practices — such as worker misclassification and noncompete agreements — as unfair methods of competition. But this approach is not new. Since the early twentieth century, labor advocates, legislators, and judges have all recognized that when employers mistreat their workers to obtain cost advantages, they harm both workers and their competitors.