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Stokes Wagner

Employers Must Notify California Employees of Void Non-Competes

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California is not spreading the love to employers this Valentine’s Day. Employers’ deadline to give their California employees a notice that any non-compete agreements are void was February 14, 2024. Employers who fail to...more

Miller Canfield

California’s Valentine’s Day Gift to Employers: More Non-Competition Restrictions and Obligations

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In October 2023, California’s Governor signed Assembly Bill (AB) 1076 making it unlawful to impose non-compete clauses on employees. The non-compete statute now makes clear that, when California law applies, almost all...more

Holland & Knight LLP

California Noncompete Regulation Requires Employer Action by Feb. 14, 2024

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California Business and Professions Code Section 16600 was recently amended to "void the application of any noncompete agreement in an employment context, or any noncompete clause in an employment contract, no matter how...more

Ervin Cohen & Jessup LLP

Happy Valentine’s Day! A Reminder that Employers Must Notify Employees of Void Non-Compete Clauses and Agreements by February 14,...

As part of a focused effort by the California Legislature to protect employees from unenforceable non-compete clauses and agreements and increase fair competition among employers in 2024, Assembly Bill 1076 enacted Business...more

Goodwin

New Laws Reinforce California’s Hostility to Non-Competes with Notice Obligations and Civil Penalties

Goodwin on

California recently enacted two bills — SB 699 and AB 1076 — amending and adding to Section 16600 of the California Business and Professions Code to broaden the scope of California’s already expansive prohibitions on...more

Latham & Watkins LLP

Important Changes to California Non-Compete Laws to Take Effect in January 2024

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Employers should take stock of restrictive covenant agreements that their current and former workforce have signed and which remain in effect. California recently passed two laws amending Section 16600 of the California...more

WilmerHale

New California Non-Compete Laws Add Teeth to State’s Non-Competition Prohibition

WilmerHale on

2023 has seen its fair share of headlines with respect to developments in non-competition law: in January, the Federal Trade Commission proposed a rule that would ban most non-competes; in May, the National Labor Relations...more

Ervin Cohen & Jessup LLP

California Enacts Additional Restrictions on Employer Noncompete Agreements

The California Legislature has sought in recent years to expand the rights of employees in nearly every facet of business in California. Employer restrictions on an employee’s ability to work in the same industry after...more

Holland & Knight LLP

California's New Nationwide Focus on Noncompetition Agreements

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For decades, California has taken arguably the most pro-employee-mobility position on noncompetition and non-solicitation agreements in the country – generally, post-employment noncompetition and non-solicitation agreements...more

Jackson Lewis P.C.

California Enacts Legislation to Support State’s Prohibitions on Employee Restrictive Covenants

Jackson Lewis P.C. on

On September 1, 2023, Governor Newsom signed Senate Bill (SB) 699, which buttresses current state law that voids contracts that restrain an employee from engaging in a lawful profession, trade, or business of any kind....more

Allen Matkins

Bill Would Authorize Disbarment Of Attorneys Who Enter Into Non-Competes With Their Employees

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California lawyers are well aware of this state disfavors covenants not to compete.  California Senator Kevin McCarty would like to increase the level of hostility by adding a provision to the Business & Professions Code...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Bill Would Impose Penalties on Employers and Attorneys for Attempting to Enforce Restrictive Covenants

In February 2023, new legislation was proposed in the California State Assembly that, if adopted and signed into law by Governor Gavin Newsom, could have a significant impact on employers and their attorneys providing advice...more

Payne & Fears

Key California Employment Law Cases: March 2022

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DePuy Synthes Sales Inc. v. Howmedica Osteonics Corp., 28 F.4th 956 (9th Cir. 2022) - Summary: Motion to transfer venue was properly denied where forum-selection clause in employment agreement was void under California...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Nonsolicitation Clause Held Enforceable Under Narrow Exception for Sale of a Business

California law generally prohibits the enforcement of nonsolicitation agreements, but the law includes a narrow exception associated with the sale of a business. In Blue Mountain Enterprises, LLC v. Owen, a recent decision...more

Proskauer - California Employment Law

California Court of Appeal Publishes Opinion Upholding Customer Non-Solicitation Covenant

Despite California’s general hostility towards post-termination restrictive covenants, the California Court of Appeal, in a recently published opinion, Blue Mountain Enters., LLC v. Owen, 74 Cal.App.5th 537 (1st Dist. Jan....more

Seyfarth Shaw LLP

California Supreme Court Clarifies Pleading Requirements for Claims of Tortious Interference with At-Will Contracts and Adopts...

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Called upon by the Ninth Circuit in Ixchel Pharma, LLC v. Biogen, Inc. to answer two key questions concerning the validity of a settlement provision requiring a party’s termination of a collaboration agreement with a...more

Lewitt Hackman

Employers, in case you were wondering, your employees cannot compete with you

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Many California laws seek to restrict the terms and conditions an employer may place on an employee during employment. Tuesday, the California Court of Appeal confirmed that Business and Professions Code Section 16600 is not...more

Weintraub Tobin

Ninth Circuit Inquiry On Non-Competes Could Have Huge Implications

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The Ninth Circuit recently asked the California Supreme Court to provide it with guidance concerning certain types of non-compete provisions that could have huge ramifications for California’s business environment. In...more

Dorsey & Whitney LLP

Multistate Non-solicitation Agreements: Does One Size Fit All?

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Many employers have offices in multiple states, but want to have one form of employee agreement prohibiting solicitation of employees and customers. Since some state laws, namely California, may be too different to reconcile...more

Wilson Sonsini Goodrich & Rosati

Recent Cases Shed Light on the Status of Employee Non-Solicitation Agreements in California

Two recent cases have found that employee non-solicitation agreements, at least in the form many companies currently use, are unlawful in California. In AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., 28 Cal. App. 5th...more

Fisher Phillips

Contractual Employee Non-solicitation Provisions Under Attack: Employer Loses Battle in Case Involving Unique Facts

Fisher Phillips on

California’s prohibition against contracts that restrain a person’s ability to engage in a lawful business, profession, or trade is well-established and well-known. Ten years ago, in Edwards v. Arthur Andersen LLP (2008) 44...more

Payne & Fears

Key California Employment Law Cases: November 2018

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This month’s key employment law cases address nonsolicitation provisions and arbitration agreements. AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923, 239 Cal. Rptr. 3d 577 (2018) Summary:...more

Weintraub Tobin

Hidden Pitfalls of Old Non-Compete Provisions

Weintraub Tobin on

Companies and employers around the country seek to protect their intellectual property by, among other things, using non-compete provisions in employment agreements. Generally, these provisions are intended to prevent an...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Does the “No-Rehire” Provision in Your Settlement Agreement Restrain the Lawful Practice of a Profession?

When resolving an employment dispute, employers often wish to include a “no-rehire” provision in the settlement agreement. In a typical no-rehire clause, the parties agree that they wish to resolve their dispute and sever any...more

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