On May 10, 2023, the UK government announced its intention to limit the duration of non-compete restrictions in employment contracts to three months. To date, there is still no sign of the draft legislation that will introduce this new three-month limit.
The federal government, states, counties, and cities were active again this year passing workplace legislation intended for the most part to protect employees, creating new compliance obligations for employers.
The U.S. is not the only country currently debating reform to the law on non-competes. Notably, the UK Government has announced legislation that would limit the duration of non-competes to a period of three months after the termination of employment.
On September 6, 2023, the Georgia Supreme Court reaffirmed that Georgia courts must first determine whether a restrictive covenant is enforceable under Georgia law before applying a foreign choice-of-law provision.
A recent NLRB complaint has clarified that it is the NLRB General Counsel’s opinion that employee and customer non-solicitation agreements violate the NLRA.
The Colorado Court of Appeals affirmed a lower court’s ruling that a former executive did not breach his employment agreement when he poached company clients, because the company materially breached the employment agreement first.
The Georgia Court of Appeals recently provided important clarification of the requirements for non-recruitment covenants under Georgia’s 2011 Restrictive Covenants Act.
