Non-competes after the new state rules
Several states have narrowed non-competes again this year. What employers in New York and Massachusetts should review now.
Restrictive covenants remain enforceable in both states where the firm practices, but the conditions keep tightening. Agreements drafted five years ago may not hold up if tested today.
What to review
- Whether each covenant protects a specific, legitimate interest
- Garden-leave or other consideration where state law requires it
- Notice periods for providing the agreement before the start date
- Whether a non-solicit would achieve the same aim with less risk
For most employers, the practical answer is a shorter, narrower covenant combined with a well-drafted confidentiality and non-solicitation agreement. Courts enforce those far more consistently.
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