News & Analysis as of August 16, 2025

Penalties

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

Colorado Enacts New Limits on Restrictive Covenants

Snell & Wilmer on 7/30/2025

Effective August 6, 2025, SB25-083 will void non-competition and non-solicitation of customer provisions entered into or renewed by doctors, nurses, midwives, and dentists on or after this effective date. Employers who...more

NLRB General Counsel Says ‘Stay-or-Pay’ Provisions Are Unlawful, Calls for Make-Whole Remedies for Noncompetes

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/14/2024

In another post-McLaren Macomb challenge to common employer/employee agreements, on October 7, 2024, the National Labor Relations Board (NLRB) general counsel (GC) issued a memorandum warning employers that the GC views...more

To Notice or Not to Notice: Employers Prepare for FTC Non-Compete Rule as September Effective Date Nears

Kohrman Jackson & Krantz LLP on 8/13/2024

The effective date of the FTC’s Final Rule prohibiting non-compete agreements quickly approaches, yet there is still no definitive resolution as to whether it is constitutional. Nor has there been any preliminary injunction...more

A Snapshot Of The Evolving Restrictive Covenant Landscape

Foley & Lardner LLP on 4/10/2024

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

Taxes Are Not the Only Thing to Worry About in Washington — Employers Face Stiff Fines for Violating Washington, D.C.’s Ban on...

Foley & Lardner LLP on 12/5/2023

Share on Twitter Print Share Back to top While many state legislatures have jumped on the Federal Trade Commission’s (FTC) bandwagon by enacting prohibitions on restrictive covenants (which includes both non-competition and...more

What We Don’t Know: Ten Unanswered Questions Regarding Colorado’s Newly-Amended Noncompete Statute

BCLP on 12/2/2022

Some of the changes imposed by the 2022 amendments to Colorado’s noncompete statute (C.R.S. §8-2-113) are clear and unambiguous. The amendments eliminated the former exception for management employees, imposed salary...more

Jurisdictions Are Vying for the Most Restrictive Non-Compete Laws and Your State Could Be Next

King & Spalding on 6/23/2022

Series 3, 10 in 10: Issue 1 - Non-compete agreements are coming under increased scrutiny across the United States with several states and municipalities implementing new restrictions on these agreements in the employment...more

Colorado Overhauls Noncompete Law to Limit Enforcement to High Wage Earners, Impose Penalties for Employer Violations

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2022

Colorado has enacted the most significant change to its legal landscape concerning restrictive covenants in the employment context in the state’s history. By enacting House Bill (HB) 22-1317, Colorado has a) eliminated a...more

Employment Agreements: DC’s Recent Ban on Non-Competes is One of the Broadest in the Country

Sheppard Mullin Richter & Hampton LLP on 3/24/2021

On January 11, 2021, the mayor of the District of Columbia, Muriel Bowser, signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which is set to be one of the broadest and most expansive bans on...more

New Year, New Rules: The District of Columbia’s New Ban on Non-Compete Agreements

Sheppard Mullin Richter & Hampton LLP on 1/22/2021

On January 11, 2021, D.C. Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which, once effective, will be one of the broadest bans on non-compete agreements in the country. ...more

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

Proskauer - Law and the Workplace on 5/14/2019

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

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