
KKR & Co.已禁止其美国投资组合公司中薪酬较低的员工签署竞业禁止协议,旨在表明这类限制合同并非企业保持竞争力的必要手段。
KKR & Co. has prohibited non-compete agreements for lower-paid employees at its US portfolio companies, aiming to show that the restrictive contracts aren’t needed for firms to remain competitive.
Allison McNeely报道:KKR全球私募股权业务联合负责人Pete Stavros在接受采访时表示,在KKR旗下公司中,年薪低于10万美元的员工不再受竞业禁止条款约束。他表示,KKR已禁止执行现有竞业禁止协议,也禁止签订新的此类协议,并计划逐步将这一政策扩展至年薪超过10万美元的员工。
By Allison McNeely Workers making less than $100,000 a year at the companies KKR owns are no longer subject to non-competes, Pete Stavros, the firm’s co-head of global private equity, said in an interview. KKR has banned enforcement of existing non-competes and new non-competes, and aims to expand the policy to employees earning more than $100,000 over time, he said.
这类协议通常要求员工在离职后的一段特定时间内,不得为竞争对手工作或创办竞争企业,在金融服务和科技等行业的高管中较为常见。但Stavros指出,如今这些协议正逐渐渗透到更基层的职位中。“经济学家会说,竞业禁止协议可能会抑制工资水平,”他表示。
The agreements, which prevent employees from working for a competitor or starting a competing firm in a specified amount of time after leaving a job, are common for executives in industries like financial services and tech. But they have been creeping into more junior roles, Stavros said. “Economists would say non-competes can suppress wages,” he said.
这项禁令于去年正式实施,是KKR近年来为提升投资组合公司的员工参与度、保留率和幸福感而采取的一系列措施之一。这些公司共雇佣了超过80万名员工。Stavros表示,与这一战略一致,KKR将不愿收购那些需要大规模裁员才能为投资者创造收益的公司。
The ban, formalized last year, is part of a series of measures KKR has undertaken in recent years to improve engagement, retention and well-being at its portfolio companies, which employ more than 800,000 people. In line with that strategy, KKR would be reluctant to acquire companies where making money for its investors would require widespread layoffs, Stavros said.
KKR禁止竞业禁止协议的做法,是在美国联邦贸易委员会于2024年试图对全体劳动者实施全国性禁令之后采取的。亲商游说团体美国商会已成功提起诉讼,阻止了该禁令。
The firm’s prohibition of non-competes follows an attempt by the Federal Trade Commission in 2024 to enact a nationwide ban on the contracts for all workers. The US Chamber of Commerce, the pro-business lobby group, successfully sued to stop it.
Stavros认为,KKR采取此类行动“拥有某种独特的道德影响力”,因为私募股权行业被视为“资本主义的极端代表”。他表示,希望KKR的经验能够证明,企业无需对低薪员工实施竞业禁止协议也能成功运营,并为更广泛的政策讨论提供参考。
KKR has “a weird kind of moral leverage” to take an action like this, because private equity is viewed to be the “hard edge of capitalism,” according to Stavros. He said he hopes KKR’s experience can help demonstrate that companies can operate successfully without non-competes for lower-paid employees, and inform the broader policy debate.
他最初接触到竞业禁止协议,是在评估一家宠物用品零售商时,发现该公司的宠物美容师都受此类协议的约束。据他介绍,由两党成员共同组成的经济创新小组发现,竞业禁止协议在各行业中普遍存在,这促使KKR的私募股权合伙人开始审视旗下投资组合企业使用这些协议的情况。最终他们发现,这些协议在收购企业的基层员工中应用极为广泛。
He first encountered non-competes when he was evaluating a pet retailer and saw that its dog groomers were bound by the contracts. The bipartisan Economic Innovation Group has found that non-competes are widespread across industries, which prompted KKR’s private equity partners to review their portfolio companies for how they were using them, he said. They determined the contracts were pervasive among lower-level employees at companies they had acquired.
斯塔夫罗斯称,2024年,KKR要求旗下各投资组合企业的首席执行官在执行竞业禁止协议前必须先与公司协商。
In 2024, KKR asked portfolio company chief executive officers to consult with the firm before enforcing non-competes, Stavros said.
目前管理着近8000亿美元资产的KKR堪称杠杆收购领域的先驱,1989年该公司对RJR Nabisco的收购案例更是被载入商业经典著作《门口的野蛮人》。不过,私募股权基金也常因收购后控制企业、大规模裁员并大幅削减成本而饱受诟病。
KKR, which manages nearly $800 billion in assets, is one of the pioneers of the leveraged buyout, with its 1989 acquisition of RJR Nabisco memorialized in the classic business book Private equity firms have been criticized for their track record of taking control of companies and then laying off employees and aggressively cutting costs after purchase.
作为提升员工参与度举措的一部分,目前已有90多家KKR的投资组合企业参与了员工持股计划——在该计划下,非管理层的普通员工也能在KKR出售企业后分享收益。自2011年以来,已有4万名员工凭借持股获得了总计超过20亿美元的现金回报。斯塔夫罗斯还创办了一家名为“Ownership Works”的非营利组织,致力于推动更多企业实施员工股权计划。
As part of KKR’s worker-engagement efforts, more than 90 of its portfolio companies participate in an employee ownership program, through which non-executive workers share in the proceeds after KKR sells their company. Since 2011, 40,000 employees have received more than $2 billion in cash from their ownership stakes. Stavros founded a nonprofit called Ownership Works that encourages companies to adopt employee equity programs.
此外,KKR还与斯坦福大学教授贾米尔·扎基合作,研究如何提升公司内部合伙人及投资组合企业首席执行官们的同理心水平。
KKR has also partnered with professor Jamil Zaki of Stanford University to study how to increase empathy among its own partners and portfolio company CEOs.