Another anti-noncompete, anti-nonsolicit bill in California is now on the Governor’s desk. The bill says that California’s prohibition on restrictive covenants is to be read broadly and requires companies to notify employees subject to a covenant that violates that law that their restrictions are void and unenforceable. It operates retroactively and, not surprisingly, there are penalties.
Noncompetes are under attack by legislatures, federal agencies, Congress and others. But the sky is not falling. Noncompetes are not dead.
California has decided that its public policy on noncompetes trumps the public policy of other states. Employees can now flee to California to escape their restrictive covenants.
Before New York joins the ranks of California, Minnesota, North Dakota, and Oklahoma as the fifth state with a complete ban on employee noncompetes, I took the opportunity to write to NY Governor Hochul to explain why caution is warranted.
New York is further along on its way to joining the ranks of California, Minnesota, North Dakota, and Oklahoma as the fifth state with a complete ban on employee noncompetes. Will you be ready?
New York is on its way to joining the ranks of California, Minnesota, North Dakota, and Oklahoma as the fifth state with a complete ban on employee noncompetes. Will you be ready?
Iowa passes modification an amendment to last-year’s noncompete law, and Nevada rejects a ban on physician noncompetes.
The noncompetes bill frenzy continues: 33 states with 84 noncompete bills so far, and 5 more in Congress, 11 dead, 7 passed, 2 about to.
Minnesota is set to join the ranks of California, North Dakota, and Oklahoma as the fourth state with a complete ban on employee noncompetes. Will you be ready?
The ramp-up to legislatively limit noncompetes continues: there have been 25 states with 74 noncompete bills so far this year, and 4 more are pending in Congress; 2 dead, 1 passed, 1 about to.
The ramp-up to legislatively limit noncompetes continues: there are currently 24 states with 65 noncompete bills so far this year, and 4 more are pending in Congress.
If you’re curious to see the text of the proposed federal noncompete bills, you can start with the Ensure Vaccine Mandates Eliminate Non-Competes Act, which is now available. And, Rhode Island proposed a total ban of all noncompetes.
Quick update: 19 states have 44 new noncompete bills, and Congress has 4. The ramp-up to legislatively limit noncompetes continues.
Quick update: 18 states have 42 new noncompete bills, and Congress has 3. The ramp-up to legislatively limit noncompetes continues.
Quick update: 13 states have 25 new noncompete bills. Two states propose total bans and four propose low-wage thresholds.
Eleven states plus Washington, D.C. now have wage thresholds or other criteria that must be satisfied before a noncompete can be used. Are your noncompetes compliant?
Washington, D.C.’s new noncompete law will take effect on October 1, 2022. See what you need to know.
A new federal bill to amend the Fair Labor Standards Act to ban noncompetes — both retroactively and prospectively — for nonexempt workers.
D.C.’s upcoming noncompete law says that it will apply as of October 1, 2022. But it is not scheduled to become “effective” until November 10, 2022. Where does that leave us?
Although five noncompete bills were pending before the Massachusetts legislature this year, none has passed.
Just as the D.C. Council was poised to walk back its 2021 unfunded noncompete ban and permit noncompetes for most people earning over $150,000, the D.C. Council amended the amendment to exempt broadcast industry employees, regardless of how much they earn. The final amendment is now with the Mayor.
D.C. is on the verge of walking back its noncompete ban, and putting in place a $150,000 wage threshold. The change is likely to be final in the next month and take effect October 1, 2022. Are you ready? You have some time, but you won’t want to miss the deadline.
Newly updated criminal penalties for a violation of noncompete law are not enough for Colorado — or maybe they’re too much. Colorado has made sweeping changes to its noncompete law, while scaling back (or at least cleared up ambiguity around) potential criminal liability for using unenforceable noncompetes.
There has been a lot of legislative, regulatory, and judicial activity around noncompetes over the past two months or so. Here is a summary.