Compliance Stuff

Overview State legislatures continue to reevaluate the role of employee non-compete agreements, with 2026 shaping up to be another consequential year in the ongoing movement to restrict or eliminate their use. Current pending legislation reflects two dominant strategies: (1) bans on non-compete agreements either entirely or limited to specific industries and (2) increasing wage thresholds that condition enforceability on exceptionally high compensation levels. This alert only focuses on legislation that proposes an outright ban to non-compete agreements or imposes new or increased wage thresholds. Although details vary significantly by jurisdiction, the cumulative effect of these legislative efforts is a steady contraction of the circumstances in which non-competes are likely to remain enforceable. Further, the patchwork of state-level enforcement means employers operating across multiple states must closely track these developments and continually reassess their approach to restrictiv...

Often, in the first 48 hours after a key employee resigns, the employer must decide whether to address the departure as a manageable issue or escalate it into a legal or business dispute. While many resignations might appear routine on the surface, issues involving confidential information, customer relationships, and post-employment obligations frequently emerge after the employee has left . For employers, early action is less about assuming misconduct and more about preserving options . Delays, inconsistent responses, or poorly documented decisions often weaken a company’s ability to protect its interests if problems arise later. Why the first 48 hours matter The period immediately following a key employee’s resignation is critical because certain damage cannot be undone once it occurs. If confidential information is disclosed or customers are improperly solicited, the harm may already be done, and as a practical matter, it is very difficult for employers to reverse the damaging eff...