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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.
There are now five states that outright ban virtually all non-competes, i.e., California, Colorado, Minnesota, North Dakota and Oklahoma. These laws have just very narrow exceptions, such as for certain sales of businesses.
A registered restrictive covenant is recorded on the title of the burdened land but is not recorded on the title of benefiting land. If the benefited land has been subdivided and re-subdivided, you might need to search the original plan of the subdivision and earlier titles to identify the benefited owners.
Nevada. The Nevada Unfair Trade Practices Act went into effect October 1, 2021. It prohibits employers from asking employees paid solely on an hourly wage to sign a non-compete agreement.
Restrictive covenants can be placed on older properties too. The age of the covenant doesn't necessarily affect its validity. However in some cases, very old covenants are considered unenforceable.
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.
They are usually created in a deed between two parties, with one party agreeing to restrict the use of its land in a certain way for the benefit of another's land. For registered properties, any covenants affecting the property will be stated in the title.
A material change to Nevada's non-compete statute was again made in 2021, adding Section 3, making non-compete agreements void as applied to hourly wage earners: ?A noncompetition covenant may not apply to an employee who is paid solely on an hourly wage basis, exclusive of any tips or gratuities.? NRS 613.195(3).