California has banned noncompetes since 1872. But effective January 1, 2024, California doubled down on its anti-noncompete, anti-restrictive covenant public policy. Amending section 16600 of the California Business and Professions Code and adding sections 16600.1 and 16600.5, California expanded the scope of its anti-restrictive covenant policy and prioritized its policies over that of any other state. It also created a safe haven for employees to flee to California to avoid restrictive covenant obligations with employers in other states.
This program explores how California’s new law and expanded anti-restrictive covenant policies have impacted employers and employees in California and around the country.