Non-Compete Disputes Attorney

No. Under California Business and Professions Code § 16600, non-compete agreements are void and unenforceable, with very narrow exceptions for the sale of a business or dissolution of a partnership. AB 1076 (2024) codified that any non-compete agreement with a California employee is void regardless of where or when it was signed. Employers who attempt to enforce void non-competes may face penalties.

New York currently allows non-competes but subjects them to strict scrutiny. Courts enforce them only if they are reasonable in scope, duration (typically no more than 1-2 years), and geographic area, and necessary to protect legitimate business interests such as trade secrets or client relationships. New York has considered legislation to ban non-competes but has not yet enacted a full ban.

An employer can present you with a non-compete, but it is void under California law. Under AB 1076, employers must notify current and former employees (going back to January 1, 2022) that their non-compete clauses are void. Requiring a non-compete as a condition of employment may itself be actionable. If you signed one, consult an attorney — you likely have no obligation to comply.

California courts generally refuse to enforce out-of-state non-competes against California residents under the strong public policy of employee mobility (Edwards v. Arthur Andersen LLP). Even choice-of-law provisions selecting another state's law are typically rejected for California employees. If you now live and work in California, your non-compete is likely unenforceable.