In today’s news and commentary, Biden’s FTC makes a final push to protect its worker non-compete ban, East and Gulf Coast dockworkers return to the bargaining table tomorrow, and Park City ski patrol unions are on strike.

The FTC, under Lina Khan, is litigating its noncompete regulation in the Fifth and Eleventh Circuits. The regulation limits companies’ ability to restrict workers from working for competitors when they change jobs. Last April, FTC commissioners voted 3-2 to invalidate existing noncompete contracts primarily for lower-wage workers and to ban any future noncompete agreement, even with higher wage earners. The regulation would have impacted about 20% of the workforce, or nearly 30 million people. But, in August, just as the regulation was going into effect, a Texas federal judge blocked the ban nationwide on the ground that the Agency was acting outside of the powers granted it by Congress. In a brief filed last Thursday in the Fifth Circuit, the FTC argued that the Texas court erred in its ruling and that the universal vacatur was an abuse of discretion. The Agency is appealing a similar ruling in the Eleventh Circuit, though Thursday’s brief was likely the final defense before the administration changes leadership.

East and Gulf Coast dockworkers will return to the bargaining table tomorrow to negotiate a contract ahead of their January 15 deadline. The dockworkers went on strike briefly last fall, which ended after the Biden administration pressured port employers to increase their salary offer. The parties have agreed to a 62% wage increase over six years, however agreement on several other contract clauses remains. The biggest sticking point concerns automation. The International Longshoremen’s Association is fighting to halt the installation of more semi-automated cranes at the ports. Two ports, in Virginia and New Jersey, already use the technology and port employers are looking to increase implementation. The deadline to reach agreement falls before the change in administration, and the Biden Administration has largely sided with the Union. Trump has expressed support of the Union as well, though his stance on automation has flip flopped over the last month.

The Park City Professional Ski Patrol Association (PCPSPA) went on strike on December 27. Park City is the country’s largest ski resort. The Union filed unfair labor practices against Vail Resorts, Park City Mountain Resort’s parent company, alleging unilateral changes in employment conditions, bad faith negotiating, and coercion. The Park City ski patrollers are tasked with maintaining safety on the mountain and providing key medical attention for on-slope injuries. The patrollers have been working without a contract for several months now. Four ski patrol unions at other Vail-owned resorts sent the company a letter expressing support and solidarity for the Park City Union. PCPSPA is asking for an increase in starting hourly wage from $21 to $23. Vail Resorts is scheduled to negotiate with unions at other mountains on January 8, but the strike at Park City is expected to take precedence.