News & Analysis as of September 19, 2024

Non-Compete Agreements › Proposed Legislation › Restrictive Covenants

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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 -

Ones to Watch: Legislation Landscape for 2024

Littler on 3/27/2024

Three months into the new legislative year, with all but a handful of state legislatures currently in session, several employment law trends for 2024 have emerged. Some of the more significant trends reflect the country’s...more

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 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

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

2024 Proposed Bills Affecting Florida Public and Private Employers

Rumberger | Kirk on 2/5/2024

The 2024 Florida Legislative Session is officially in full swing. Below is a list of proposed bills that, if passed, may affect employers moving forward. The Employment team at RumbergerKirk will continue to monitor all...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

Trade Secrets/Non-Compete Year in Review - 2023

Benesch on 1/9/2024

Welcome to our 2023 Trade Secret and Restrictive Covenant Year in Review. 2023 was a busy year in this space, but not as busy as many expected. Although multiple states introduced restrictive covenant legislation, the most...more

Gov. Hochul Vetoes New York’s Non-Compete Bill; Measure Expected to be Taken Up Again in 2024

Harris Beach PLLC on 1/8/2024

As businesses awaited word near the end of the year, New York Governor Kathy Hochul vetoed a bill on December 22, 2023, that would have categorically banned employee non-compete agreements in New York. Ban on Non-Compete...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 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

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

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

Non-Compete Ban on the Horizon in New York?

Littler on 6/21/2023

Non-compete agreements may soon be unlawful in New York. The New York State Assembly passed A1278B on June 20, and the New York State Senate previously passed its counterpart bill, Senate Bill 3100A, earlier this month. If...more

New York State Senate Passes Bill to Ban Noncompete Agreements

Epstein Becker & Green on 6/15/2023

New York State may soon join the growing list of jurisdictions restricting or banning noncompete agreements. On June 7, 2023 the New York State Senate passed S 3100A (the “Bill”), which would prohibit employers from seeking,...more

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