Compliance Stuff

Real World Impact:  Governor Ron DeSantis has allowed Florida’s expansive noncompete bill to become law without his signature. As discussed in our May 19, 2025  Alert , the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act significantly expands the enforceability of noncompete agreements in Florida. The law addresses both garden leave agreements and noncompete agreements. With regard to noncompete agreements, the law expands the permissible duration of noncompete agreements from two years to a maximum of four years and contains no geographic scope limitation . Thus, noncompete agreements that comply with the CHOICE Act can last two years longer and can extend to employees who move out of Florida . The law’s salary requirement means it will not apply to lower wage workers (employees or contractors who do not earn a salary, excluding benefits or discretionary compensation, greater than twice the annual mean wage of the county...

On April 24, 2025, the Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, significantly expanding the enforceability of noncompete laws in the state. Although Governor DeSantis has not signed the bill into law, it is expected that he will soon, and the law will be effective July 1, 2025 . Employers are encouraged to immediately review their noncompete agreements and existing practices in light of the bill’s major additions to the current legal landscape . Background In Florida, employers commonly enter into noncompete/nonsolicitation agreements with their employees to protect their trade secrets, confidential information, and relationships with prospective or existing customers. Such agreements are governed under section 542.334, Florida Statutes, which provides a list of factors that courts may consider in evaluating the agreement’s enforceability. To enforce a restrictive covenant agreement, employers...