Abstract
The field of applied behavior analysis (ABA) has grown substantially in the past decade. Behavior analysts seeking out new employment may have to weigh benefits such as pay, health care, and conditions of employment during negotiations. One condition of employment used in employment contracts is noncompete clauses (NCCs). NCCs are agreements between employers and employees that restrict the employee’s ability to work in a specific field after employment ends. Although they can provide businesses with security, NCCs have the potential to impact how, when, and whom practitioners can serve after employment ends. Although NCCs and their effects have been studied in other fields, to our knowledge no analysis has occurred in the field of ABA. We surveyed 610 practicing behavior analysts to determine the prevalence of NCCs in the field of ABA and how respondents viewed the impact of NCCs on the field; one third (33.1%) of respondents indicated that their contract contained an NCC, and opinions on their potential impact were largely unfavorable. Results are discussed with regard to how NCCs can impact the growth of ABA, possible behavioral functions, possible alternatives to their use, and directions for future research.
Similar content being viewed by others
References
American Bar Association. (2016). Rule 5.6: Restrictions on rights to practice. Retrieved from https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_5_6_restrictions_on_rights_to_practice/
Artz, B. (2010). Fringe benefits and job satisfaction. International Journal of Manpower, 31(6), 626–644. https://doi.org/10.1108/01437721011073346.
Association of Professional Behavior Analysts. (2015). 2015 U.S. professional employment survey: A preliminary report. Retrieved from the California State University, Northridge, website: http://www.csun.edu/~bcba/2014-APBA-Employment-Survey-Prelim-Rept.pdf
Austin, J., Carr, J. E., & Agnew, J. L. (1999). The need for assessment of maintaining variables in OBM. Journal of Organizational Behavior Management, 19(2), 59–87. https://doi.org/10.1300/J075v19n02_05.
Autism Speaks. (2019). Autism Speaks commends Tennessee as it becomes 50th state requiring that insurance plans cover autism [Press release]. Retrieved from https://www.autismspeaks.org/press-release/autism-speaks-commends-tennessee-it-becomes-50th-state-requiring-insurance-plans
Baer, D. M., Wolf, M. M., & Risley, T. R. (1968). Some current dimensions of applied behavior analysis. Journal of Applied Behavior Analysis, 1(1), 91–97. https://doi.org/10.1901/jaba.1968.1-91.
Beh, H. G., & Ross, H. R. (2011). Non-compete clauses in physician employment contracts are bad for our health. Hawaii Bar Journal, 14(13), 79–90.
Behavior Analyst Certification Board. (2014). Professional and ethical compliance code for behavior analysts. Retrieved from http://www.bacb.com/wp-content/uploads/BACB-Compliance-Code-english_190318.pdf
Behavior Analyst Certification Board. (2019). About behavior analysis. Retrieved from https://www.bacb.com/about-behavior-analysis/
Behavior Analyst Certification Board. (2020). BACB certificant data. Retrieved from https://www.bacb.com/bacb-certificant-data/
Berinsky, A. J., Margolis, M. F., & Sances, M. W. (2014). Separating the shirkers from the workers? Making sure respondents pay attention on self-administered surveys. American Journal of Political Science, 58(3), 739–753. https://doi.org/10.1111/ajps.12081.
Brodhead, M. T., Quigley, S. P., & Cox, D. J. (2018). How to identify ethical practices in organizations prior to employment. Behavior Analysis in Practice, 11(2), 165–173. https://doi.org/10.1007/s40617-018-0235-y.
Carr, J. E., & Nosik, M. R. (2017). Professional credentialing of practicing behavior analysts. Policy Insights From the Behavioral and Brain Sciences, 4(1), 3–8. https://doi.org/10.1177/2372732216685861.
Chase, M. (2011). Help is on the way (out): Prohibiting the use of noncompetition agreements in the mental health profession. Family Court Review, 49(4), 831–845. https://doi.org/10.1111/j.1744-1617.2011.01417.x.
Clark, D. J. (2018). Non-compete laws affecting health care professionals in various U.S. jurisdictions. Retrieved from https://www.tradesecretsandemployeemobility.com/2018/07/articles/non-compete-agreements/non-compete-laws-affecting-health-care-professionals-in-various-u-s-jurisdictions/
Daniels, A. C., & Bailey, J. S. (2014). Performance management: Changing behavior that drives organizational effectiveness (5th ed.). Performance Management Publications.
Delprato, D. J. (2002). Countercontrol in behavior analysis. The Behavior Analyst, 25(2), 191–200. https://doi.org/10.1007/BF03392057.
Flynn, J. P., & Hatcher, A. E. (2015). Non-compete laws: New Jersey. Thomson Reuters Practical Law. Retrieved from the Epstein, Becker, Green website: https://www.ebglaw.com/content/uploads/2014/06/Flynn-Hatcher-Non-Compete-Laws-New-Jersey.pdf
Gayton, C. M. (2008). Business ethics, restrictions on employment and knowledge management. VINE, 38(2), 174–183. https://doi.org/10.1108/03055720810889815.
Heward, W. L. (2005). Reasons applied behavior analysis is good for education and why those reasons have been insufficient. In W. L. Heward, et al. (Eds.), Focus on behavior analysis in education: Achievements, challenges, and opportunities (pp. 316–348). Merrill/Prentice Hall.
Kazemi, E., Shapiro, M., & Kavner, A. (2015). Predictors of intention to turnover in behavior technicians working with individuals with autism spectrum disorder. Research in Autism Spectrum Disorders, 17, 106–115. https://doi.org/10.1016/j.rasd.2015.06.012.
Kung, F. Y., Kwok, N., & Brown, D. J. (2018). Are attention check questions a threat to scale validity? Applied Psychology, 67(2), 264–283. https://doi.org/10.1111/apps.12108.
Lemly, M. A. (2008). The surprising virtues of treating trade secrets as IP rights. Stanford Law Review, 61, 311–354.
Marx, M., & Fleming, L. (2012). Non-compete agreements: Barriers to entry . . . and exit? Innovation Policy and the Economy, 12(1), 39–64. https://doi.org/10.1086/663155.
Mass.gov. (n.d.). Massachusetts law about noncompetition agreements. Retrieved from https://www.mass.gov/info-details/massachusetts-law-about-noncompetition-agreements
Morgan, S., & Polowy, C. I. (2015). Social work ethics and non-compete clauses in employment contracts and independent contractor agreements. Retrieved from the National Association of Social Workers website: https://www.socialworkers.org/assets/secured/documents/sections/supervision/newsletters/2015%20-%20Fall%20Winter%20Admin%20and%20Supervision%20Issue.pdf
Samila, S., & Sorenson, O. (2011). Noncompete covenants: Incentives to innovate or impediments to growth. Management Science, 57(3), 425–438. https://doi.org/10.1287/mnsc.1100.1280.
Shangguan, H. (2016). A comparative study of non-compete agreements for trade secret protection in the United States and China. Washington Journal of Law, Technology, & Arts, 11(5), 1–35.
The White House, Office of the Press Secretary. (2016). Fact sheet: The Obama administration announces new steps to spur competition in the labor market and accelerate wage growth [Press release]. Retrieved from https://obamawhitehouse.archives.gov/the-press-office/2016/10/25/fact-sheet-obama-administration-announces-new-steps-spur-competition
U.S. Patent and Trademark Office. (2017). Trade secret policy. Retrieved from https://www.uspto.gov/ip-policy/trade-secret-policy
Vannette, D. L. (2016). Testing the effects of different types of attention interventions on data quality in web surveys. Experimental evidence from a 14 country study. Paper presented at the Association for Public Opinion Research 71st Annual Conference, Austin, TX.
Author information
Authors and Affiliations
Corresponding author
Ethics declarations
Conflict of Interest
The authors declare that they have no conflict of interest affecting their collection or interpretation of the data in this research article.
Ethical Approval
All procedures performed in studies involving human participants were in accordance with the ethical standards of the Youngstown State University Institutional Review Board (Protocol 180-19) and with the 1964 Helsinki declaration and its later amendments or comparable ethical standards. This article does not contain any studies with animals performed by any of the authors.
Informed Consent
Informed consent was obtained from all individual participants included in the study.
Additional information
Publisher’s Note
Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
Research Highlights
• This research can help inform behavior analysts about the nature and prevalence of noncompete clauses (NCCs) and the opinions of professionals regarding the use of NCCs in employment in the field of applied behavior analysis (ABA).
• This research can help educate behavior analysts on NCCs in ABA and help them make more informed decisions in the job search process.
• This research can aid business owners to better understand the prevailing opinions on NCCs on the part of employees and other professionals in ABA and help them make informed decisions in their hiring process/practices.
• This research can help policy makers better understand the prevailing opinions of professionals in the field of ABA on how NCCs impact their ability to function in professional roles.
• This research can help business owners and policy makers better understand the likely aversive effects of NCCs in the field of ABA.
Rights and permissions
About this article
Cite this article
Brown, K.J., Flora, S.R. & Brown, M.K. Noncompete Clauses in Applied Behavior Analysis: A Prevalence and Practice Impact Survey. Behav Analysis Practice 13, 924–938 (2020). https://doi.org/10.1007/s40617-020-00469-0
Published:
Issue Date:
DOI: https://doi.org/10.1007/s40617-020-00469-0