Florida’s CHOICE Act—short for “Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth”—is now law, positioning the state as the most employer-friendly jurisdiction for restrictive covenants. In a surprising move, Governor DeSantis neither signed nor vetoed the bill, allowing it to take effect by default on July 3, despite its stated effective date of July 1. While the law offers powerful new tools for non-compete and garden leave agreements, its real-world impact will depend on how Florida courts interpret and apply its provisions. Read more.

Texas Governor Greg Abbott has signed SB 1318 into law, introducing significant new constraints on non-compete agreements in the healthcare sector. Effective September 1, 2025, the law limits physician and healthcare practitioner non-competes to one year in duration and a five-mile geographic scope. It also mandates buyout provisions for all such agreements and renders non-competes void if a physician is terminated without good cause. These changes apply to any agreements entered into or renewed on or after the effective date. Read more.

New Jersey is poised to join the growing list of jurisdictions taking steps to curtail the use of restrictive covenants in employment agreements. A newly proposed bill (S4385/A5708) would impose a near-total ban on non-compete clauses—except for a narrow category of “senior executives”—and would also prohibit no-poach agreements between employers and workers. Read more.

On April 24, the Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act. If signed into law, it will take effect on July 1, 2025. The CHOICE Act represents one of the most significant overhauls to Florida’s restrictive covenant laws in recent years, introducing new tools for employers to safeguard their business interests. Read more.

Indiana is making strides to enhance physician mobility with a new amendment to its 2020 Physician Non-Compete Statute (Ind. Code § 25-22.5-5.5). This latest change, signed into law by Governor Mike Braun on May 6, 2025, broadens the limitations on non-compete restrictions to encompass all physicians employed by hospitals or related entities. The new law, Senate Enrolled Act No. 475, will come into effect on July 1, 2025, aligning Indiana with the growing national trend towards greater freedom for physicians to move between employers. Read more.

Virginia has taken a significant step in tightening restrictions on employment non-compete agreements. Governor Glenn Youngkin recently signed a bill that broadens the definition of low-wage employees under the state’s existing prohibition on covenants not to compete, Va. Code Ann. § 40.1-28.7:8. Starting July 1, 2025, this new statute will prevent employers from entering into non-compete agreements with employees classified as non-exempt under the Fair Labor Standards Act (FLSA). Read more.

On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule prohibiting all non-compete agreements for all employees at all levels, with only extremely limited exceptions. The FTC’s much-anticipated action follows its January 2023 proposed rule and its review of over 26,000 public comments. Though approved 3-2 along party lines by the FTC, the final rule is not yet effective and legal challenges already are looming. Read more.

In October 2023, California’s Governor signed Assembly Bill (AB) 1076 which added the new Business & Professions Code §16600.1, making it unlawful to impose non-compete clauses on employees – which contractual restrictions already are void under Business & Professions Code §16600.

Under AB 1076, employers must notify current employees and former employees (employed after January 1, 2022), that any noncompete agreement or noncompete clause contained within an agreement the current or former employee signed is void unless the agreement or clause falls within one of the statutory exceptions set forth in Business and Professions Code section 16600, et seq.

Read the full article on Jackson Lewis’ California Workplace Law Blog.

New York Governor Kathy Hochul vetoed Senate Bill S3100A, a bill passed by both houses of the legislature in June, that would prohibit all non-compete agreements. This is a significant and interesting end to a year of upheaval in the world of non-compete agreements and other restrictive covenants. Read more.

California’s Governor signed Assembly Bill (AB) 1076 on October 13, 2023, which adds new Business & Professions Code §16600.1, making it unlawful to impose non-compete clauses on employees – which contractual restrictions already are void under Business & Professions Code §16600. Read more.