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The New Jersey legislature is taking another crack at imposing significant limitations on noncompete agreements. Its first effort in this regard, a 2022 Assembly Bill which proposed mandatory notice periods, the statutory...more
The enforceability of noncompetition agreements is a widely debated topic in and outside of the legal world. In just the last year, it has been a repeat topic on the floor of the Washington state legislature. States across...more
Florida lawmakers recently passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth (CHOICE) Act (the “Act”), which would create a presumption that covered non-compete and garden...more
Following the Federal Trade Commission’s largely unsuccessful attempt to implement a nationwide ban on most post-employment noncompete agreements last year, states have stepped in to fill the legislative gap. The result has...more
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
On June 9, 2025, the New York State Senate passed Senate Bill S4641A (the “Bill”). The Bill, if signed into law, would prohibit most non-compete agreements (“non-competes”) throughout the state, except for those with highly...more
A pair of bills were introduced in the New Jersey Legislature seeking to ban or significantly restrict employers’ ability to enter into and enforce noncompete agreements. The proposed legislation (S4385 and S4386) seeks to...more
The New Jersey Legislature is considering a bill (S4385/A5708) banning non-compete clauses, with limited exceptions, and prohibiting no-poach agreements between employers and workers. Appearing to take a page from the now...more
Last year in April, the Federal Trade Commission (FTC) published a rule to ban most non-compete agreements nationwide. Within hours the rule was challenged in courts across the country, and after months of federal litigation...more
On May 19, 2025, the New Jersey Legislature proposed a bill (S 4385) that would ban and retroactively eliminate all non-compete agreements, with a few limited exceptions. ...more
The Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act on April 24, introducing the most sweeping changes to Florida’s restrictive covenant...more
Ohio Senate Bill 11 (SB11)—supported by members from both sides of the political spectrum—has been introduced in the Ohio Legislature, aiming to prohibit employment agreements that restrict employees from competing with their...more
The FTC’s noncompete rule, which proposed to ban nearly all noncompetes, was enjoined by a Texas District Court in August 2024. While the FTC has launched a Joint Labor Task Force focused on “rooting out and prosecuting...more
The Florida Legislature passed the “Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act” last month to provide employers two new outlets for protecting confidential information and...more
Bipartisan legislation was recently introduced in the Ohio Senate that would ban employee noncompete agreements in Ohio. Ohio Senate Bill 11 would prohibit any restriction on an employee’s or independent contractor’s ability...more
A bill recently passed by the Florida House and Senate and poised to become law effective July 1, 2025, will substantially change the noncompete landscape for employers doing business in Florida. If Gov. Ron DeSantis signs...more
It has been a busy year for health care noncompete legislation. Multiple states have enacted legislation, set to take effect in 2025, banning or limiting noncompete agreements for physicians and other health care workers....more
On April 24, 2025, the Florida Legislature passed legislation to create two new forms of noncompetes for employers and businesses: a covered garden leave provision and a provision limiting noncompetes to a specific geographic...more
After the nationwide injunction barring the Federal Trade Commission (FTC) Noncompete ban, we reported our anticipation that state legislatures would likely introduce legislation restricting the use of noncompetes....more
Consistent with our previous reporting that states would continue to address noncompete issues even after the apparent end of the FTC Noncompete Rule, Kansas has joined the growing list of jurisdictions to pass or introduce...more
Following the Federal Trade Commission’s proposed non-compete ban being overturned last year, certain state legislatures remain focused on limiting restrictions on employees. Recently, New Jersey and New York lawmakers each...more
With the Federal Trade Commission’s proposed nationwide ban on noncompetes seemingly dead, states continue to march forward with their own regulation of such agreements. Washington’s current law bans noncompetes for employees...more
Employers in Ohio may soon need to reexamine employment agreements and internal policies if a proposed non-compete ban becomes law. A state Senate bill was recently introduced aiming to prohibit agreements that restrict a...more
A new bipartisan bill has been introduced in the Ohio Senate that would ban employers from entering into non-competes with Ohio workers, a dramatic change in tone from the state’s current stance on non-compete agreements....more