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State Labor Laws Restrictive Covenants Non-Solicitation Agreements

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

Louisiana Court Rules Employee Nonsolicitation Agreements Are Not Governed by Noncompete Law, but Duration Must Be Limited

Louisiana noncompete agreements must comply with a statute—La. R.S. 23:921—to be enforceable. Does this statute also apply to employee nonsolicitation—or “anti-poaching”—agreements? A Louisiana appellate court recently held...more

Spilman Thomas & Battle, PLLC

The FTC’s Rule Banning Noncompete Agreements is Dead. Long Live Noncompete Agreements?

Earlier this year, the Federal Trade Commission (FTC) announced a Final Rule outlawing nearly all noncompete agreements between employers and employees. That Final Rule, however, was overturned at the end of August 2024....more

Littler

Pennsylvania Enacts Law Banning Certain Non-Compete Agreements with Healthcare Providers

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On July 23, 2024, Pennsylvania Governor Josh Shapiro signed the Fair Contracting for Health Care Practitioners Act (the “Act”), which bans certain noncompete covenants, including patient nonsolicitation provisions, between an...more

Venable LLP

Considering Restrictive Covenants in Colorado? Get Ready to Jump Through Hoops

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While the Federal Trade Commission's (FTC) April 2024 sweeping rule prohibiting noncompete agreements has been top of mind for many employers, the rule may not be so surprising for businesses using restrictive covenants for...more

Fisher Phillips

Washington Just Turned Many Non-Solicitation Agreements into Illegal Non-Competes: Tips on How You Can Still Protect Your Business

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Washington state law just changed in a way that might have made your company’s non-solicitation agreements unenforceable and illegal. Recent amendments to the state non-compete statute took effect on June 6 and significantly...more

Wilson Sonsini Goodrich & Rosati

Washington Employers to Face Increased Limitations on Non-Competes

On June 6, 2024, Washington’s non-compete statute will receive substantial amendments affecting employers with workers in the state. Employers should review their employment agreements and personnel onboarding practices to...more

Perkins Coie

Washington State Tightens Noncompete Restrictions

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Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6,...more

Perkins Coie

District of Arizona Evaluates Restrictive Covenants

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The U.S. District Court for the District of Arizona recently evaluated the reasonableness of two restrictive covenants—the nonsolicitation of customers and the nonsolicitation of employees—along with claims related to...more

Cooley LLP

What’s New and What’s on the Horizon?

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As we reported in October 2023, noncompete agreements continue to receive widespread scrutiny – a trend that has continued in the first quarter of 2024. In this update, we describe what you need to know about the latest...more

Foley & Lardner LLP

A Snapshot Of The Evolving Restrictive Covenant Landscape

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In recent months, noncompete agreements have become a hotly contested topic in the realm of employment law. It seems that new precedent emerges on this topic week after week, leaving employers and deal-makers alike concerned...more

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

Washington State Updates and Clarifies Noncompetition and Nonsolicitation Law

The 2024 Washington State Legislature passed Substitute Senate Bill (S.S.B.) 5935 in February 2024, and Governor Jay Inslee signed the bill into law on March 13, 2024, updating and clarifying Washington law regarding...more

Foster Garvey PC

Important Changes to Washington’s Noncompete Law

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A bill amending Washington’s noncompete law (RCW 49.62) goes into effect on June 6, 2024. One of the changes will require prompt review and likely revisions of existing non-solicitation agreements....more

Miller Nash LLP

Washington Expands Coverage of Its Noncompetition Statute to More Agreements

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In 2019, Washington enacted a new statute limiting which employees can be covered by a post-employment noncompetition covenant, placing specific restrictions on such covenants. That statute explicitly excluded nonsolicitation...more

Mintz - Employment Viewpoints

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

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

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

Proskauer Rose LLP

Future Not Looking Bright For California Employee Nonsolicits

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On Jan. 1, new legislation aimed at curbing the use of unenforceable noncompete agreements took effect in California. The new laws, which impose potentially harsh consequences on employers for requiring employees to sign...more

Cooley LLP

Immediate Obligations for Employers With Noncompete, Customer Nonsolicitation Provisions for California Employees

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A new California law, Assembly Bill 1076, requires employers to provide notice to certain current and former employees by February 14, 2024, if their employment agreements contain provisions unenforceable under California...more

Epstein Becker & Green

#WorkforceWednesday: Non-Compete Law Update – Key Developments from 2023 - Employment Law This Week® - Spilling Secrets Podcast

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This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: The year 2023 was significant for trade secret and non-compete law, full of enforcement actions and...more

Seyfarth Shaw LLP

50 State Desktop Reference - What Businesses Need to Know about Non-Competes and Trade Secrets Law

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Introduction - As we enter a new era of business landscape dynamics, Seyfarth Shaw is pleased to present the latest edition of our annual cornerstone publication. This comprehensive 50-State Non-Compete Desktop Reference,...more

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

Governor Newsom Signs Bill Reinforcing State’s Ban on Noncompete Agreements

On October 13, 2023, California Governor Gavin Newsom signed a bill into law that will reinforce the state’s ban on noncompete agreements in employment by making it unlawful for employers to mandate that employees sign...more

Fox Rothschild LLP

The New Risks of Non-Solicitation Clauses in CA

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If there were shades of grey in the state of enforceability of employee non-solicitation provisions (to prevent attempts to and/or the hire of former colleagues), that outlook just got darker. California law has declared void...more

Orrick, Herrington & Sutcliffe LLP

Expanding Restrictions on Non-Competition and Non-Solicitation Provisions

Several states continue to limit the use of non-competition and non-solicitation restrictions: California: On September 1, 2023, California enacted SB 699, expanding the state’s ban on non-competition agreements in...more

Allen Matkins

Newly Minted California Law Declares Void Noncompete Agreements Unenforceable Regardless Of Where They Were Signed

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Since at least 1941, California has declared, with certain limited exceptions, that every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void". ...more

Constangy, Brooks, Smith & Prophete, LLP

End-of-summer road travel through state noncompete laws—It’s trippy!

In 2014, a Jimmy John’s employee leaked a copy of a noncompete agreement that the Sandwich of Sandwiches™ chain required employees at all levels (including store-level employees, such as sandwich makers and delivery drivers)...more

Seyfarth Shaw LLP

Georgia Maps Out New Requirement for Employee Non-Solicits

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On May 11, 2011, Georgia passed the Restrictive Covenants Act, which made enforcing employee restrictive covenants far easier than it was under Georgia common law. In an odd twist, a law that Georgia intended to make it...more

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