The BRR 50 State Noncompete Chart has been updated today to reflect a few developments in various states and to make a few tweaks since the last draft.
Most significantly, Nevada adopted a brand new noncompete law, effective June 3. That new law not only modified the law generally, but it rejected the Nevada Supreme Court’s recent announcement that overly broad noncompetes cannot be modified (i.e., adopting the red pencil approach) and replacing it with not just reformation, but mandatory reformation. The law also leaves open many questions, for example: Will trade secrets and goodwill remain protectable interests? What else can noncompetes be used to protect? Can noncompetes be enforced against employees terminated without cause, if they were not part of a RIF, organization or similar reduction in force, and if so, must they be paid during the restriction?
The chart has been revised through July 11, 2017. (Please note that the substantive changes were made when first posted on July 8, but minor formatting changes were made and two typos were fixed on July 9 and 11. The latest version (July 11) is available through all of the links in the post.)
Please note that the most current version of both the 50 State Noncompete Chart and 50 state and federal survey chart of trade secret laws can always be found on my firm’s resources page.