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Jeffrey S. Klein and Nicholas J. Pappas Jeffrey S. Klein and Nicholas J. Pappas

Over the past several years, a number of states have adopted legislation limiting an employer’s ability to enforce restrictive covenants against former employees. While some states, like California, have had longstanding prohibitions on enforcing non-competes against employees within the state, other states have enacted more limited legislation restricting the use of restrictive covenants without prohibiting their use entirely. During the past 20 months, Maine, New Hampshire, Maryland, Oregon, Washington, and Rhode Island each enacted laws restricting an employer’s ability to enforce non-compete agreements. Congress and federal agencies also have considered adopting new restrictions on the use of non-competes. See Freedom to Compete Act, S. 124, 116th Cong. (2019-2020); Non-Competes in the Workplace: Examining Antitrust and Consumer Protection Issues, Federal Trade Commission, Jan. 9, 2020.

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