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...

Florida has long been where people go to unwind – and soon it will also be a place where businesses can operate with more peace of mind, thanks to a new law that will make it the most enforcement-friendly state in the country for non-compete and garden leave agreements . The “Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act,” passed both the Florida House and Senate on April 24 and expected to be signed by Governor DeSantis, will reshape the state’s laws on restrictive covenants starting on July 1, 2025. T he Act does not amend any current statutes, but instead provides more certainty to employers looking to enforce certain non-compete agreements and agreements offering “garden leave” (a period of time where an employee is not required to perform any work but is still paid their salary and benefits in return for not accepting employment elsewhere) . Here is what employers should know about the CHOICE Act and three steps you can take ...