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The vast body of restrictive covenant law continues to develop across the country as states navigate refining their approach to non-compete and non-solicitation agreements with some expansions along with the general trend of...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
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
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
Q. Did New York institute a ban against noncompete agreements? ...more
Seyfarth Synopsis: Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023....more
Despite California’s longstanding policies, statutes, and robust case law in the non-compete arena, the Legislature recently enacted two new provisions seeking to provide further protections against non-compete agreements in...more
Only three months after the introduction of a bill to the House of Representatives that, if passed, will ban non-compete agreements nationwide for non-exempt employees, on January 5, 2023, the Federal Trade Commission (“FTC”)...more
On January 5, 2023, the Federal Trade Commission (“FTC”) published a notice of a proposed rulemaking that would prohibit employers from enforcing non-compete agreements against all employees and would preempt state laws that...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 Washington, D.C. Ban on Non-Compete Agreements Act of 2020 (D.C. Act) is on hold once again, this time due to emergency legislation signed by Mayor Muriel Bowser earlier this week. The new legislation pushes the D.C....more
President-Elect Biden recently released his “Plan for Strengthening Worker Organizing, Collective Bargaining, and Unions.” His Plan states that “Biden will work with Congress to eliminate all non-compete agreements, except...more