On March 19, 2025, Wyoming Governor Mark Gordon signed into law Senate File 107, which makes any covenant not to compete that restricts the right of any person to receive compensation for performance of labor void.
On March 24, 2025, Governor Glenn Youngkin signed into law legislation that amends the threshold compensation level of a “low-wage employee” with whom the Commonwealth restricts employers from entering into agreements not to compete.
On March 4, 2025, Arkansas amended its non-compete statute to provide that non-compete covenants that “restrict the right of a physician to practice within the physician’s scope of practice” are void.
On February 14, 2025, National Labor Relations Board Acting General Counsel William Cowan rescinded several previously issued memos, including two related to restrictive covenants.
On January 16, 2025, just days before transferring power to the new administration, the FTC and DOJ issued updated Antitrust Guidelines for Business Activities Affecting Workers aimed at addressing business practices that impact workers.
2024 was quite a year in unfair competition and trade secrets law, with the Federal Trade Commission’s final rule on non-competes garnering widespread mainstream media attention.
In response to two questions certified by the 7th Circuit, the Delaware Supreme Court clarified that forfeiture-for-competition provisions in employment agreements are subject to a looser review standard.
NLRB General Counsel Memorandum 25-01 urges the Board to seek “make whole” remedies for non-compete agreements that run afoul of the NLRA and alleges certain “stay-or-pay” arrangements are unlawful unless narrowly tailored.
The Georgia Supreme Court held that the Georgia Restrictive Covenants Act does not require that restrictive covenants contain an express geographic restriction to be enforceable.
