News & Analysis as of

Void and Unenforceable Non-Compete Agreements

Fox Rothschild LLP

Pennsylvania Limits Non-Competes for Most Health Care Practitioners and Requires Patient Disclosure Upon Departure

Fox Rothschild LLP on

Beginning on January 1, 2025, employment-based non-compete covenants will be unenforceable against physicians, certified registered nurse practitioners, physician assistants and certified registered nurse anesthetists (each,...more

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

New Minnesota Law Voids Restrictive Employment Covenants in Service Contracts, Except for Computer Professionals

Minnesota’s legislature rushed through several bills this year affecting recruiting and staffing associations and other service providers such as property management companies. One such law may, as one member of the Minnesota...more

BakerHostetler

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

BakerHostetler on

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

Parker Poe Adams & Bernstein LLP

New California Law Requires Notice to Employees About Void Noncompetes

Most employers know that California has for decades prevented enforcement of employee non-competition and customer non-solicitation agreements. Some companies with California operations modify their agreements with employees...more

Benesch

Don’t Forget Your Employees on Valentine’s Day (No, Really): California’s Notification Deadline for All Employees with...

Benesch on

As previously highlighted by Benesch, California strengthened its long-standing prohibition on non-competition agreements on January 1, 2024. In addition, and also as previously highlighted by Benesch, one of these...more

Venable LLP

Reminder: California’s Valentine’s Day Deadline to Notify Employees if They Have Void Noncompetes Is Tomorrow (Feb 14)

Venable LLP on

California has long prohibited post-employment noncompetes, subject to certain narrow exceptions. Recently, it added some teeth to that prohibition in the form of a requirement for employers to notify California employees who...more

Holland & Knight LLP

Florida Legislature Proposes Ban on Physician Noncompete Agreements

Holland & Knight LLP on

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

Miles & Stockbridge P.C.

California Further Limits Employers’ Use of Restrictive Covenants Agreements

Two bills took effect in California earlier this month imposing further limitations on restrictive covenants in employment agreements, one of which voids noncompete agreements even if they are signed outside of the state....more

Ervin Cohen & Jessup LLP

­California Opens its Doors to Commerce by Voiding Out-Of-State Non-Compete Agreements

You may have heard the half-serious joke that California acts as its own independent country. One example of this is California’s strong disfavor of non-compete agreements, which stands in contrast with the rest of the...more

Snell & Wilmer

Non-Competes Are Not Only Void in California But Can Now Subject Employers to Liability

Snell & Wilmer on

The California Business and Professions Code Section 16600 renders “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind” as void, subject to narrowly tailored...more

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

California Governor Signs Law Prohibiting Employers From Entering Noncompete Agreements

On September 1, 2023, California Governor Gavin Newsom signed Senate Bill (SB) 699 into law, prohibiting employers from entering into or attempting to enforce noncompete agreements, which are void under state law. The law is...more

Jackson Lewis P.C.

Oregon Amends Restrictive Covenant Statute To Further Limit Employers’ Use

Jackson Lewis P.C. on

Oregon law on permitted covenants not to compete has been amended to void nonconforming agreements and limit such agreements to employees making at least $100,533, among other changes...more

Lewitt Hackman

Franchisor 101: Taking the Red Pill on Non-Competes

Lewitt Hackman on

Franchisors and franchisees in California have long conducted themselves based on precedent that voids post-termination covenants against competition in a franchise agreement in California. Recently, a franchisor’s ability to...more

Verrill

2019 Wrap Up: States Continue to Limit the Enforceability of Employee Non-Competition Agreements

Verrill on

Most employers use contracts to protect their customer relationships and proprietary information from unfair competition by employees. They must. If they do not, they may lose their ownership rights in such business...more

Proskauer - Law and the Workplace

Maryland Bars Non-Competes for Low-Wage Employees

Quick Hit: Effective October 1, 2019, Maryland law prohibits the use of non-competition agreements for employees with wages equal to or less than $15 per hour or $31,200 annually....more

Proskauer - Law and the Workplace

Non-Competes in Washington – Over-Reaching Could Cost Employers

Washington is the most recent state to adopt a law restricting the use of noncompetition agreements. The new law (HB 1450), which was signed by Governor Jay Inslee on May 8, 2019 and is scheduled to go into effect on January...more

Foster Garvey PC

Washington Employers: Your Non-Competes May Soon Be Nonbinding

Foster Garvey PC on

On April 17, the Washington Legislature approved sweeping new restrictions on employers’ non-competition agreements with their employees and independent contractors. The bill, now headed to the Governor’s desk for his...more

Womble Bond Dickinson

North Carolina Business Court Decision Could Impact Enforceability of Many Non-Competition Covenants

Womble Bond Dickinson on

A recent decision in the North Carolina Business Court could have significant implications on non-competition covenants in employment agreements that contain a very common automatic renewal term. The decision, if followed by...more

Brownstein Hyatt Farber Schreck

Nevada Redefines Non-Compete Standards; Employers Should Promptly Review Their Agreements

The Nevada Legislature recently passed, and the governor approved, a new law addressing employee non-compete agreements, which went into effect on June 3, 2017. The law expressly defines the standards for enforceable...more

Proskauer - Law and the Workplace

Nevada Codifies Amendments For Non-Competes and Other Forms of Restrictive Covenants – Adopts “Blue Pencil” Standard, Imposes...

Nevada’s Assembly Bill 276, which became effective on June 3, 2017 (the “NV Law”), articulates new rules and requirements for employee restrictive covenants, some of which fundamentally alter the State’s prior practices. The...more

Brooks Pierce

First Published Opinion From New Business Court Judge Conrad

Brooks Pierce on

Business Court Judges don't have to issue written Opinions in cases granting Preliminary Injunctions. (G.S. § 7A-45.3 limits the obligation to issue a written Opinion to rulings rendered per NCRCP 12, 56, 59, and 60). ...more

Jackson Lewis P.C.

What Does it Mean to “Modify” an Unenforceable Non-Competition Covenant Under Georgia’s Restrictive Covenants Act?

Jackson Lewis P.C. on

Although Georgia’s Restrictive Covenants Act has been on the books since the spring of 2011, no judge has decided the exact scope of Georgia courts’ blue-penciling abilities – until now....more

Dickinson Wright

New Rules for Nevada Noncompetes

Dickinson Wright on

Nevada Companies Must Review Their Noncompete Agreements - The Nevada Supreme Court recently has injected substantial uncertainty into any Nevada contract that contains a noncompete agreement, and companies need to...more

Morrison & Foerster LLP - Social Media

Court Upholds Enforceability of “Clickwrap” Employee Agreement

As we have previously discussed, if you want your electronic contracts to be enforceable, it is a best practice to require the counterparty to affirmatively accept the contract by checking a box or clicking a button. A recent...more

Parker Poe Adams & Bernstein LLP

North Carolina Court Again Narrows Scope of Post-Employment Restrictions

Last week’s EmployNews reported a Fourth Circuit Court of Appeals decision applying North Carolina law that invalidated an employment non-competition clause due to what it viewed as the overreaching scope of the restrictions....more

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