This week the White House issued a statement encouraging state lawmakers to ban non-compete agreements for workers who: (i) fall below certain wage thresholds; (ii) likely do not possess trade secrets; (iii) work in occupations related to public health and safety; or (iv) would suffer “undue adverse impacts” from being limited by a non-compete (such as those terminated without cause). The White House further encouraged states to require that non-compete agreements be presented to employees before a job offer or a significant promotion has been accepted so that it can be considered as part of the offer.
According to the White House, “[i]n adopting these strategies, states can help ensure that workers can move freely from job to job, without fear of being sued … Even in states that choose to enforce noncompetes, we have heard from experts that only in rare cases is a noncompete the best option for an employer to use, over and above the host of other legal frameworks — including trade secret protections, nonsolicitation agreements and nondisclosure agreements.” State officials from a number of states, including Illinois, released statements supporting the White House’s announcement.
It remains to be seen whether any states follow the White House’s suggestion and enact they types of provisions being recommended. We will keep you updated on any developments.