Unraveling the Concept of Garden Leave: Insights From Silicon Valley — Hiring to Firing Podcast
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
On July 1, the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act took effect, positioning Florida as one of, if not the most, employer-friendly states in noncompete and...more
Florida recently enacted the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (“The CHOICE Act” or “Act”), which brings significant changes to the manner in which the state...more
As states across the country move to limit or ban non-compete agreements, Florida is taking a sharp turn in the opposite direction. Already a friendly jurisdiction for non-competes, the state is doubling down on employer...more
While states across the country, including Texas and Virginia, continue to enact laws that restrict or ban noncompete agreements, a new Florida law does the opposite. Effective July 1, 2025, the Contracts Honoring...more
As jurisdictions around the country continue to impose limitations—or outright bans—on restrictive covenants, Florida is taking a decidedly different approach....more
The Biden Administration and several states have sought to limit non-compete agreements in recent years as restraints on trade. Florida has long been more accepting of them and has just moved further into this camp. The...more
Florida just enacted a new law that seals its status as the most enforcement-friendly state in the country for non-compete and garden leave agreements. The “Florida Contracts Honoring Opportunity, Investment, Confidentiality,...more
Employers can relax and enjoy the Florida sunshine. Here is why: On April 24, 2025, the Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act. Not...more
Over the past several years, EmployNews has chronicled multiple legislative, regulatory, and judicial assaults on the use of noncompetition agreements with employees. These attacks have weakened or eliminated employers'...more
What is the CHOICE Act? On April 24, 2025, Florida state lawmakers passed the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act or CHOICE Act. The CHOICE Act is a law reforming...more
As referenced in our blog post discussing notable noncompete changes nationwide, Florida lawmakers are changing how the Sunshine State views noncompete and garden leave agreements....more
The Florida House and Senate recently passed the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act by an overwhelming majority. The CHOICE Act will substantially reshape Florida...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
Florida has long been where people go to unwind – and soon it will also be a place where businesses can operate with more peace of mind, thanks to a new law that will make it the most enforcement-friendly state in the country...more
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
In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs, along with Dan Sieck, a partner in the firm's Corporate practice group, discuss the hit TV show Silicon Valley and the concept of garden...more
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
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that, if enacted, would amount to a near-total ban on the use of non-compete agreements nationwide. If enacted as written, the FTC’s proposed...more
Last week, the New Jersey Assembly’s Labor Committee passed bill A3715, designed to sharply limit the available provisions, use, and enforceability of restrictive covenants in employment contracts by New Jersey employers....more
The landscape for restrictive covenants and confidentiality agreements is changing rapidly across the country. Notice periods, compensation thresholds, and consideration requirements are increasingly common, and the days...more
In October 2018, businesses across the country braced for the effects of a noncompete law that was enacted in Massachusetts. The "garden leave" clause in Massachusetts' noncompete law dictated that during the period in which...more
I have posted a few times here about using post-employment restrictions to preserve a manufacturer’s competitive advantage. See “Non-Compete Cautionary Tale” (Nov, 2, 2018); “I’m New – And It’s No [Trade] Secret” (Oct. 27,...more
Nationwide there has been continued hostility toward noncompetition agreements for employees. A noncompetition agreement is an agreement entered into by an employee by which the employee (during employment and after) agrees...more
After years of stalled efforts, Washington has joined the growing list of states imposing statutory restrictions on employers’ use of restrictive covenants. On May 8, 2019, Governor Inslee signed into law Engrossed Substitute...more