News & Analysis as of September 19, 2024

Non-Compete Agreements › Proposed Legislation › Employment Contract

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

NYC Lawmakers Consider Broad Non-Compete Ban: What Businesses Need to Know

Fisher Phillips on 3/21/2024

After a failed attempt to ban non-compete agreements statewide last year, New York City legislators are now poised to take matters into their own hands. Just weeks ago, the New York City Council unveiled a trio of proposed...more

Will Illinois Amend the Illinois Freedom to Work Act to Further Limit the Enforceability of Noncompete and Non-Solicitation...

Epstein Becker & Green on 3/19/2024

On January 1, 2022, amendments to the Illinois Freedom to Work Act, 820 ILCS 90/1, et seq. (the “Act”), became effective, trumpeting reforms and limitations on an employer’s ability to enter into covenants not to compete and...more

New York City to Consider Its Own Ban on Employer Noncompete Agreements Following Governor’s Veto

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/18/2024

New York City lawmakers are considering a measure that would make the city the latest jurisdiction to ban noncompete agreements between employers and their employees, after Governor Kathy Hochul in December 2023 vetoed a...more

New Legislative Session, New Attempts at Banning Non-Competes in New York (City)

Mintz - Employment Viewpoints on 3/14/2024

Following the recent failed attempt at broadly banning non-compete agreements in New York statewide (discussed here), three new bills were just introduced to do the same, this time in New York City. The most comprehensive,...more

Could the City Council of New York City Ban Noncompetes?

Epstein Becker & Green on 3/7/2024

Last summer, the New York State legislature made waves when it passed a bill that effectively would have banned noncompete agreements. New York’s Governor vetoed that bill in late December 2023. This year, however, it is...more

Members of the New York City Council Introduce Three Bills Seeking To Restrict Employers’ Use of Non-Competes

BakerHostetler on 3/5/2024

Members of the New York City Council are looking to accomplish what the New York State Legislature could not – proposing various bans on the use of non-competes in New York City. On February 28, 2024, members of the New York...more

Is Maine the Next Frontier in the Effort to Ban Non-Competes?

Seyfarth Shaw LLP on 2/29/2024

It should come as no surprise to readers of our blog that restrictive covenants are facing significant headwinds. The last decade or so has seen significant limitations on such agreements—mainly non-competes, but also other...more

Florida Legislature Proposes Ban on Physician Noncompete Agreements

Holland & Knight LLP on 2/12/2024

The Florida Legislature is currently considering two bills that, if enacted in their current form, would significantly reduce (and potentially eliminate altogether) the enforceability of noncompete agreements against...more

Beyond the Horizon: What Employers Need to Know About the Latest Non-Compete Proposed Rules

Haynsworth Sinkler Boyd, P.A. on 1/16/2024

During a recent webinar, Denny Major discussed the latest updates employers need to know about non-compete agreements and overtime requirements. In this blog post, Denny will highlight key takeaways and considerations for...more

New York Governor Vetoes Proposed Ban on Noncompete Agreements

Troutman Pepper on 12/29/2023

Q. Did New York institute a ban against noncompete agreements? ...more

New York Non-Compete Ban is Off the Table—For Now

Seyfarth Shaw LLP on 12/27/2023

Seyfarth Synopsis: Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023....more

New York Legislature Considers Revised Non-Compete Ban

Seyfarth Shaw LLP on 12/27/2023

Seyfarth Synopsis: The New York State Assembly has joined the State Senate in passing legislation to prohibit non-compete clauses in employment contracts. The bill now heads to the Governor and, if signed into law, would void...more

New York to Decide on Signing Non-Competition Ban into Law

Stevens & Lee on 12/8/2023

New York businessowners and employees alike await a decision from Governor Kathy Hochul as to proposed legislation, which has passed in both the New York State Senate and General Assembly, that would ban most non-competition...more

New California Laws Take Aim at Employee Restrictive Covenants

Payne & Fears on 12/6/2023

Despite California’s longstanding policies, statutes, and robust case law in the non-compete arena, the Legislature recently enacted two new provisions seeking to provide further protections against non-compete agreements in...more

Wisconsin Legislature Proposes Joining Other States in Ban of Non-Compete Agreements

Seyfarth Shaw LLP on 11/2/2023

On October 12, 2023, the Wisconsin legislature introduced Assembly Bill 481, which proposes the ban of employee non-compete agreements in the Badger State. Currently, employee non-compete agreements in Wisconsin are allowed...more

Wisconsin Legislators Propose Near-Total Ban on Noncompete Agreements

Husch Blackwell LLP on 10/19/2023

Key points- • Democrats in the Wisconsin Legislature introduced a bill which would ban most noncompete agreements. • The bill would still allow employers to use nondisclosure agreements and restrict use of customer lists...more

California Expands Its Ban on Noncompetes with New Amendment

Miles & Stockbridge P.C. on 9/28/2023

In July, we wrote about a bill passed by the New York State Assembly which, if signed by the governor, will prohibit nearly all noncompete agreements for workers in New York. We also wrote about a Minnesota law that went into...more

California Reaches Across State Lines to Invalidate Employee Non-Compete Agreements

Littler on 9/7/2023

We are in the final stretch of the California legislature’s first year of a two-year session. One bill that sped through the legislative process—without any registered opposition—is Senate Bill 699, which extends the state’s...more

The Changing Landscape of Non-Competes and Restrictive Covenants

Saiber LLC on 9/6/2023

A common example of a non-compete restriction is a new CPA who signs such an agreement as part of his or her onboarding paperwork. Years later, the CPA considers moving to another firm, or opening their own firm, but that...more

Non-Compete Roundup: Outright Non-Compete Bans Pass; More Pending

Nutter McClennen & Fish LLP on 8/2/2023

As momentum for regulation of non-competes grows at the federal level, states continue to pass restrictive non-compete legislation on their own. As previously reported, on January 5, 2023 the Federal Trade Commission...more

New York May Become The Latest State To Ban Noncompete Agreements

Cole Schotz on 7/6/2023

New York is yet another state to address the future enforceability (or lack thereof) of noncompete agreements. On June 20, 2023, the New York State Assembly passed Bill 3100A (the “Bill”), which was previously passed by the...more

Podcast - The Latest on Antitrust and Non-Compete Agreements in Healthcare

Holland & Knight LLP on 6/29/2023

In this episode of "Counsel That Cares," antitrust attorney David Kully and labor and employment attorney Mark Peters take a deep dive into the latest updates regarding non-solicitation and non-compete agreements in the...more

Proposed Broad Non-Compete Ban Looms for New York Employment Sector

Nelson Mullins Riley & Scarborough LLP on 6/27/2023

On June 20, 2023, the New York Senate sent bill S.3100A/A.1278B to the desk of Governor Kathy Hochul to prohibit non-competition agreements broadly throughout New York State. This bill, if signed into law, will take effect...more

New York Lawmakers Propose Banning Noncompete Agreements

FordHarrison on 6/26/2023

Executive Summary: This month both the New York State (NYS) Senate and the NYS Assembly passed identical bills that effectively ban all noncompete agreements in the state of New York. If signed by Governor Kathy Hochul, the...more

New York Inches Closer to Banning Non-Compete Agreements

Robinson & Cole LLP on 6/26/2023

The New York State Legislature passed a bill on June 20, 2023, that seeks to prohibit employers from entering into non-compete agreements with their employees (the “Bill”). If signed by Governor Hochul, the Bill will be a sea...more

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