New Kansas Law Will Presume Nonsolicitation Agreements Enforceable
Kansas Governor Laura Kelly recently signed a bill into law that deems certain nonsolicitation agreements with business owners and employees to be presumptively enforceable and not a restraint on trade. While generally consistent with existing Kansas case law, the legislation comes as many states are moving to limit or ban the use and enforceability of restrictive covenants in employment and reaffirms Kansas’s status as a relatively employer-friendly jurisdiction for the enforcement of well-tailored restrictive covenant agreements. Quick Hits Kansas recently enacted a law to make certain written agreements not to solicit customers or employees “conclusively presumed” to be enforceable. The legislation applies to nonsolicitation agreements between businesses and their owners, which are limited to four years after the end of their business relationship, and agreements with employees, which are limited to two years following employment. The legislation will take effect on July 1, 2025. Ka...