Non-Compete Agreements For Security Guards (and now, Bouncers) May Be “Non-Enforceable”

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With the blog approaching its fifth (!) anniversary later this year, I thought it was time to revisit some subjects that I covered in the blog’s infancy and update them.

One such story from way back on September 14, 2007, was a new law that prohibited non-compete agreements by security guards.  Back then, I stated:

[The new law] prohibits employers from requiring security officers to “enter into an agreement prohibiting such person from engaging in the same or a similar job, at the same location at which the employer employs such person, for another employer or as a self-employed person”.

(If the employer can “prove” that the employee received trade secrets, then a non-compete can be used.)

The law refers to the USDOL’s Standard Occupational Code for “Security Guards” (33-9032) as the covered group.

So what’s new? Well, in 2010, the USDOL changed the defintion for this code to make it a bit broader.

Please see full article below for more information.

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