News & Analysis as of

Employer Liability Issues Restrictive Covenants New Legislation

Bradley Arant Boult Cummings LLP

New Healthcare Practitioner Non-Compete Provisions Effective September 1, 2025

On June 20, 2025, Texas enacted SB 1318, modifying the criteria for enforceable healthcare practitioner non-competes in the Texas Business and Commerce Code. The modifications (1) limit the scope of enforceable physician...more

A&O Shearman

Florida Choice Act bolsters enforceability of noncompete and garden leave agreements

A&O Shearman on

In a departure from the legislative trends in certain states to curtail post-employment restraints, the state of Florida has bucked the tide to take the most employer friendly approach to restrictive covenants. On April 24,...more

Shutts & Bowen LLP

Florida's Choice Act

Shutts & Bowen LLP on

With the passage of the Florida Contract Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (the “CHOICE Act”), which took effect on July 1, 2025, Florida has emerged as one of the most...more

Epstein Becker & Green

Florida Passes Employer-Friendly Restrictive Covenant Legislation

Epstein Becker & Green on

In May of this year, we reported that Florida was on the cusp of enacting employer-friendly restrictive covenant legislation. Earlier this month, Florida passed that bill, enacting the “Florida Contracts Honoring...more

Sheppard Mullin Richter & Hampton LLP

Texas Enacts Massive Reforms to Healthcare Provider Non-Competes

Beginning September 1, 2025, Texas will significantly narrow the permissible scope of non-compete agreements with certain healthcare employees. The legislation, Senate Bill 1318 (“SB 1318” codified in Tex. Bus. Com. Code §...more

Epstein Becker & Green

Legal Shifts in 2025 Put Employer Non-Compete Strategies at Risk - Employment Law This Week® - Spilling Secrets Podcast

Epstein Becker & Green on

This week, on our Spilling Secrets podcast series, our panelists discuss the current status of non-compete agreements across the nation: Non-compete legislation is evolving rapidly at the state level, with new laws taking...more

Jenner & Block

Client Alert: Employers Beware: Employees Are Seeking Damages for Unenforceable Noncompetes

Jenner & Block on

We have seen a rise in employees going on the offensive and suing their former employers for damages for not informing them that their noncompete is invalid under the applicable state law or for exaggerating the scope of a...more

Constangy, Brooks, Smith & Prophete, LLP

“Re-do” bill would fundamentally change New York non-compete law

Two years ago, a bill that would have effectively gutted New York non-compete law made it as far as the Governor’s desk where Gov. Kathy Hochul (D) vetoed it, much to the relief of the New York business community. However,...more

Shook, Hardy & Bacon L.L.P.

American Law Institute Endorses Novel Vicarious Liability Tort for Employee Sexual Assaults

In a controversial decision, the American Law Institute (ALI) approved a novel “Special Rule on Vicarious Liability for Sexual Assault” that endorses a new strict liability tort claim against employers for certain sexual...more

Williams Mullen

New Amendment Further Restricts Non-Competes in Virginia

Williams Mullen on

Beginning on July 1, 2025, Virginia’s existing non-compete statute, Va. Code § 40.1-28.7:8, will be expanded to prohibit post-employment non-compete agreements and certain non-solicitation covenants with any non-exempt...more

Holland & Hart - Employers' Lawyers

Wyoming Legislature Takes a Bite Out of Covenants Not to Compete

Brad Cave by Brad Cave Governor Gordon signed a bill this week to significantly narrow the enforceability of covenants not to compete under Wyoming law.  While the new law leaves Wyoming businesses with a few options to...more

Sheppard Mullin Richter & Hampton LLP

New York Legislature Proposes New Bill Banning Non-Compete Agreements

The New York Legislature is set to make another attempt to ban non-competes for all but highly compensated individuals. At the end of the 2023 legislative session, the New York Legislature passed a bill that would have banned...more

Payne & Fears

[Webinar] New CA Employment Laws 2025: Are You Prepared? - December 4th, 11:30 am - 12:30 pm PT

Payne & Fears on

Join us for a lively discussion of critical year-end updates for California employers. We will address new legislation and key case rulings. Topics include: - Key bills relating to freelance workers, “captive audience”...more

Troutman Pepper Locke

Pennsylvania Limits Noncompete Agreements for Health Care Practitioners

Troutman Pepper Locke on

On July 17, Pennsylvania Governor Josh Shapiro signed House Bill (HB) 1633, the Fair Contracting for Health Care Practitioners Act (the Act) into law. At a high level, the Act: (1) limits the enforceability of noncompetes...more

Littler

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

Littler on

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

Epstein Becker & Green

Pennsylvania Passes Law Limiting Use of Noncompetes for Health Care Practitioners

Epstein Becker & Green on

On July 17, 2024, Governor Josh Shapiro approved Pennsylvania’s first statute imposing limitations on the use of noncompetes in the state....more

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

New Maryland Law Places New Restrictions on Noncompete Agreements for Health Care and Veterinary Professionals

Restrictions on noncompete agreements in the state of Maryland for certain care-related industries have become substantially broader. Under Maryland’s House Bill (HB) 1388, Maryland employers now face greater restrictions...more

Sheppard Mullin Richter & Hampton LLP

Washington’s Amended Non-Compete Law Creates New Considerations for Employers

Washington Governor Jay Inslee recently signed Senate Bill 5935 into law, amending and expanding Washington’s statute restricting the enforceability of noncompetition covenants (Revised Code of Washington 49.2). The amended...more

Steptoe & Johnson PLLC

The Federal Trade Commission Ban on Non-Competes and its Impact on Transitioning Representatives and Advisors

Steptoe & Johnson PLLC on

On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule banning non-compete provisions nationwide (the Rule). While the FTC contends that non-competes keep wages low, suppress new ideas and stifle the...more

Perkins Coie

Washington State Tightens Noncompete Restrictions

Perkins Coie on

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

Littler

Maryland Enacts Law Prohibiting Non-Compete Agreements for Veterinary and Healthcare Professionals

Littler on

On April 25, 2024, Governor Wes Moore signed into law new legislation prohibiting non-compete and conflict-of-interest clauses for certain veterinary and health care professionals in the state of Maryland. The enactment of...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

Conn Maciel Carey LLP

[Webinar] What Employers Should Know about the Changing Legal Landscape of Non-Compete Laws - May 15th, 1:00 pm EST

Conn Maciel Carey LLP on

There is a nationwide trend to restrict the use of employee non-compete agreements, and employers should remain informed of the changes because the stakes are high. The consequences of noncompliance can include civil as well...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

Mintz - Employment Viewpoints

“What is Love? Baby, Don’t Sue Me: AB 1076 and California’s Quickly Approaching Valentine’s Day Notification Deadline”

This Valentine’s Day isn’t just about romance in California. As a reminder, February 14, 2024 also marks the deadline for employers to show their employees a different kind of love – love in the form of an explicit,...more

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