News & Analysis as of August 2, 2025

Employee Rights

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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 -

National State Employment Law Update Covering the First Six Months of 2025

Amundsen Davis LLC on 7/31/2025

2025 is halfway over, and already, there has been significant activity and legal developments throughout the U.S. on the state and local level. Below is a recap of notable laws enacted throughout the U.S. that have become...more

Federal and California’s Shared Interest in Promoting Open Competition: Isn’t it Ironic?

Fennemore on 7/31/2025

This article provides a brief history of California’s pro-competition law and describes the stalled federal initiative to extend a similar noncompete ban nationally, notwithstanding the overlapping policy interests expressed...more

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

Employee Non-Competes: Where We Stand Today

Amundsen Davis LLC on 7/25/2025

A little less than a year ago, businesses were scrambling to get ready for the then-impending Federal Trade Commission’s (FTC) final rule that would have blocked nearly all non-compete agreements between employers and...more

Florida Revamps Laws Governing Garden Leave and Noncompete Agreements

Nelson Mullins Riley & Scarborough LLP on 7/24/2025

On July 3, 2025, the “Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act” became effective in Florida. The CHOICE Act is a significant measure enacted to bolster legal...more

Non-Compete Compliance in 2025: State Trends and Employer Strategies

Arnall Golden Gregory LLP on 7/24/2025

In this episode, AGG Employment attorneys Megan Mitchell, Rick Mitchell, and Lindsey Locke discuss the current state of non-compete agreements and what employers should keep in mind when using them. While the FTC’s proposed...more

The (Less-Than-Golden) State of Confidentiality Provisions in California

Littler on 7/22/2025

It is well known that California takes a dim view towards restrictive covenants in the workplace. Business & Professions Code Section 16600 prohibits employee non-compete agreements, stating that “every contract by which...more

Texas Senate Bill 1318: New Non-Compete Rules for Physicians, Dentists, Nurses & PAs

Hendershot Cowart P.C. on 7/22/2025

On June 20, 2025, Texas enacted Senate Bill 1318, ushering in significant reforms to healthcare non-compete agreements. This legislation, which takes effect on September 1, 2025, reshapes how non-compete agreements can...more

Employment Law Update: Maryland’s Restrictions on Non-Compete Agreements for Healthcare Professionals, Among Other Employment...

Whiteford on 7/21/2025

As of July 1, 2025, Maryland prohibits or restricts non-compete provisions for nearly all healthcare professionals. The prohibition applies to individuals: (1) required to be licensed under the Maryland Health Occupations...more

Florida’s CHOICE Act Expands Protections for Employers in Noncompete and Garden Leave Agreements

ArentFox Schiff on 7/18/2025

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 CHOICE Act Establishes Employer Protections for Garden Leave and Noncompete Agreements

Hinckley Allen on 7/16/2025

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

A Look at Potential NDA Changes on the Horizon

Mandelbaum Barrett PC on 7/16/2025

In February, State Senator Sean Ryan introduced bill S4641, which aims to ban non-compete agreements for lower-wage employees. After a previous sweeping ban on non-competes for all employees was vetoed a few years ago by...more

Florida Bolsters Enforceability of Certain Noncompete Agreements

McGuireWoods LLP on 7/14/2025

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

Florida Makes a Bold "CHOICE": New Law Strengthens Enforceability of Non-Compete Agreements

Akerman LLP on 7/10/2025

The Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act became law on July 3, 2025, expanding employers’ rights in enforcing non-compete and garden leave agreements with Florida-based...more

Florida's CHOICE Act Transforms Noncompete and Garden Leave Agreements

Phelps Dunbar on 7/10/2025

Florida’s Contracts Honoring Opportunity Investment Confidentiality and Economic Growth (CHOICE) Act took effect July 1. It brings the most sweeping changes to Florida’s restrictive covenant framework in years....more

Massachusetts Supreme Judicial Court Ruling: Noncompetition Agreement Act Does Not Apply to Forfeiture Clauses

ArentFox Schiff on 7/10/2025

The Massachusetts Supreme Judicial Court (SJC) recently clarified the scope of the Massachusetts Noncompetition Agreement Act (MNAA). In Susan Miele v. Foundation Medicine, Inc., the SJC held the MNAA does not apply where a...more

Florida Bucks Trend, Enacts New Employer-Friendly Noncompete Statute

Foley & Lardner LLP on 7/8/2025

While the recent trend across the country has been to restrict noncompete agreements, Florida has just made it easier for employers to enforce noncompete agreements against employees. The Florida Legislature passed HB 1219,...more

3 New Laws for Virginia Employers Went Into Effect on July 1: Are You Prepared?

Fisher Phillips on 7/3/2025

July 1 marked the effective date for three new laws that will create new rights for workers and new obligations for employers in Virginia: - Expansion of Non-Compete Ban – Virginia employers are now prohibited from...more

It’s Confirmed: Massachusetts Noncompetition Agreement Act Excludes Non-Solicitation Agreements

Conn Kavanaugh on 7/2/2025

On June 13, 2025, the Massachusetts Supreme Judicial Court (SJC) issued a significant decision in Miele v. Foundation Medicine, Inc. (SJC-13697) confirming that the Massachusetts Noncompetition Agreement Act (the “MNAA”) does...more

The Rules of Washington Noncompetition Agreements May Change Again

Lasher Holzapfel Sperry & Ebberson PLLC on 7/2/2025

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 on Verge of Enacting Employer-Friendly Non-Compete Law

Proskauer - Law and the Workplace on 7/1/2025

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

New Jersey Bill Would Introduce Sweeping Noncompete and No-Poach Restrictions: Strategic Implications for Employers

Epstein Becker & Green on 6/30/2025

As anticipated, New Jersey has joined the growing list of state legislative efforts aimed at prohibiting or restricting the use of noncompetes and no-poach agreements....more

Non-Compete Agreements in Health Care: A Rapidly Evolving Legal Landscape

Seyfarth Shaw LLP on 6/30/2025

In the wake of the Federal Trade Commission’s recently failed attempt to ban non-compete agreements between employers and workers, individual states have once again taken up the mantle of further regulating and limiting their...more

MA SJC Upholds Forfeiture for Employee Breaching Non-Solicitation Agreement

Nelson Mullins Riley & Scarborough LLP on 6/30/2025

On June 13, 2025, the Massachusetts Supreme Judicial Court (SJC) ruled in Susan Miele v. Foundation Medicine, Inc., that the Massachusetts Non-Competition Agreement Act (the “Act”) does not apply to a non-solicitation...more

Employers Can Relax: Florida Gets Friendlier on Non-Compete Agreements

Baker Donelson on 6/30/2025

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

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