Arizona Nonwaiver Provisions

State:
Multi-State
Control #:
US-OL18012
Format:
Word; 
PDF
Instant download

Description

This office lease provision describes the failure of the landlord to seek redress for violation of any covenant or condition of the lease or of any of the rules and regulations set forth, does not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation.

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FAQ

Governor Newsom signed SB 699, making it unlawful for employers to enter into or attempt to enforce noncompete agreements and establishes that noncompete agreements are void in California regardless of where the employee worked when the agreement was entered and/or where the agreement was signed.

Under California Business and Professions Code Section 16600, unless you were an owner of the business, any ?non-compete clause? which forbids an employees who is fired or resigns from working for a competitor or starting a competing business is illegal and unenforceable.

On October 13, 2023, California Governor Gavin Newsom signed a bill into law that will reinforce the state's ban on noncompete agreements in employment by making it unlawful for employers to mandate that employees sign post-employment noncompete agreements and requiring employers to notify current and former employees ...

On September 1, 2023, California Governor Gavin Newsom signed Senate Bill (SB) 699 into law, prohibiting employers from entering into or attempting to enforce noncompete agreements, which are void under state law. The law is set to go into effect on January 1, 2024.

California is an outlier compared to most states; non-compete agreements are unenforceable. While employers can seek out other ways to protect confidential company information, a non-compete agreement will not accomplish those goals.

Nonetheless, employers should remember that Arizona follows the ?blue pencil rule? and ?will blue pencil restrictive covenants, eliminating grammatically severable, unreasonable provisions[.]? Fearnow, 213 Ariz.

Noncompete agreements in Arizona are perfectly legal and will be enforced when they meet certain conditions. Arizona courts will uphold reasonable noncompete agreements that don't restrict employees for too long or from too far away.

Based on this context, the terms the new law prohibit employers from attempting to enforce a noncompete that is unlawful in California, regardless of whether the contract was initially signed and the employment was initially maintained outside of California but the employee subsequently moves to California.

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Arizona Nonwaiver Provisions