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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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