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Notwithstanding the activity at the federal level, states have also shown increasing hostility toward enforcement of post-employment non-competition clauses. 

Some states have banned non-competes outright, while other states have implemented a specific dollar-threshold defining those “low wage earners” who cannot be subject to any limitations on where they can accept employment after leaving their predecessor employer.

Learn more about the limitations on non-competition clauses at both the federal and state levels. 

Login and download this resource which includes:

  • Summaries of state laws in which new employment does not constitute adequate consideration;
  • Summaries of states in which continued employment does not constitute adequate consideration; and
  • Practical considerations to mitigate risks associated with restrictive covenants during onboarding and offboarding.

Authors: John Drake and Tevis Marshall (Ogletree Deakins)

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Region: United States
The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.