Labor Mobility and Industry Agglomeration: Silicon Valley
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A frequent example used in the study of industry agglomeration is the hi-tech electronics agglomeration in Silicon Valley, California. The general problem to investigate relates to what advantages either the agglomeration in itself or Silicon Valley confers to businesses that result in agglomeration. The next-largest agglomeration in the same industries, Massachusetts’ Route 128, eventually fell far behind Silicon Valley. Franco and Mitchell (2005), citing the labor mobility-restricting legal tool of non-compete contracts (also known as covenants not to compete, or CNCs), support the earlier Gilson (1998) and Hyde (2003) argument that a legal prohibition on the enforcement CNCs in California was responsible for the differences between Silicon Valley and Route 128. Because of the innovation-dependent nature of the industry, employees working at one company could easily migrate to other companies or create their own new companies (“spin-outs” as opposed to “spin-offs”) as a result of the knowledge spillovers caused by their labor mobility. Non-compete contracts serve the function of allowing employers and employees to agree in advance to legally restrict such mobility. –more–>Using an optimal contracting model, Franco and Mitchell compare their model’s predictions when CNCs are allowed and when they are prohibited. They conclude some important things: the model explains the higher turnover in places where CNCs are prohibited; enforcement of CNCs in a region encourages greater firm numbers in early industry stages, especially where innovation is a key factor, thus explaining the early advantage of Route 128 which was eventually overcome by Silicon Valley; and we should expect to see in the data that concentrated industries seek CNC-enforcing areas, while competitive industries should be less likely to seek out such protection.
Their model, however, makes two key assumptions: first, that wages can’t be “backloaded”- in other words, employees can’t agree to be paid less than they would in their alternative option (to form a spin-out) for one period, and then get paid more to compensate in a later period; and second, that the level of the employee’s knowledge of the production process is known only by the employee. These may be generous assumptions that, when changed, could possibly alter Franco and Mitchell’s results drastically. One way to test their “backloading” assumption is by exploring the ways in which companies (especially in CNC-prohibiting regions) create economic incentives to depress labor mobility, and how often they do so. If wage backloading plays a significant role in those companies’ hiring practices, Franco and Mitchell’s model may be leaving out an essential explanatory variable. Their information asymmetry assumption also requires testing. On one hand, its importance can be explored by relaxing it in their model and testing its implications; on the other, instances in which employers actually have information about what their employees know about the production process should also be helpful in determining whether the assumption is unmerited.
Substitutes for Non-Compete Contracts
If non-compete contracts are illegal, one alternative means of restricting labor mobility is by “backloading” wages. In order for a firm to keep its employees from moving to a competing firm, the firm may decide to backload the wages, often in the form of pensions, options, health insurance, and other benefits that could only be captured if the employee stays with the firm over a certain time period. Franco and Mitchell (2005) assume backloading as impossible in their model. Rebitzer (2006) overlooks it.
A non-compete contract can initially be helpful in the early stages of an industry. As described by Rebitzer (2006), if employees were to “hop” around to other firms, the likelihood that knowledge acquired in one firm would be employed in another firm increases. These knowledge spillovers can hurt innovation by reducing the rewards to investing in human capital. On the other hand, abolishing non-compete contracts can be more helpful to local firms in the long run.
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