Calif. Noncompete Limits May Ease If Workers Have Counsel

Law360 (March 26, 2020, 2:31 PM EDT) -- Three years ago, in response to employer attempts to avoid California’s public policy against noncompete restrictions, the California Legislature added a new Section 925 to the Labor Code. While Section 925 generally prohibited one-sided attempts by employers to have another state’s choice of law and jurisdiction apply to such agreements, the statute also included a carveout for employees who are represented by counsel. 

While there have been several cases during the past three years regarding Section 925 general prohibition, and these provisions have received considerable publicity, case law addressing the exception has been slow to evolve.

Nonetheless, in 2020, some three...

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