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In short, employers cannot require California employees to adjudicate non-competes in other states or under other states' laws.
As a threshold matter, the law explicitly bans the use of non-competes altogether for nine categories of employees; 1) those who are 'non-exempt' under the Fair Labor Standards Act; 2) seasonal or temporary workers; 3) employees who were laid off or terminated without good cause; 4) low-wage employees; 5) undergraduate ...
Currently, nine states ? California, Colorado, Illinois, Maine, Nevada, Oregon, Virginia, Washington, and Wisconsin ? and Washington, D.C., impose such penalties. California: In California, non-compete agreements are prohibited by law (Cal.
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.
In California, it's illegal to enforce non-compete agreements that put limits on an employee's future job prospects. ing to California Business and Professions Code Section 16600, any contract that restricts an individual from ?engaging in a lawful profession, trade, or business? is null and void.
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
In January 2023, the FTC undertook the directive from the executive order by announcing a Notice of Proposed Rulemaking that would ban all non-compete clauses in employer-employee contracts, subject to limited exceptions, including for non-competes entered as part of the sale of a business for a person holding 25% or ...
California Reaches Across State Lines to Invalidate Employee Non-Compete Agreements. A new state law (SB 699) extends the reach of California's restriction on non-competes to contracts signed out of state.