Are Non-Competes Enforceable Against Independent Contractors?
Sometimes. Independent contractors can be required to sign non-compete agreements, but whether those agreements are enforceable depends on New York law, the terms of the agreement, and the employer's legitimate business interests. Courts generally disfavor overly broad restrictive covenants and may refuse to enforce agreements that are unreasonable in duration, geographic scope,...
Are Non-compete Agreements Enforceable During the COVID-19 Pandemic?
While the long-term impact of the COVID-19 pandemic on the employment landscape remains to be seen, a key concern for employers at this juncture is the enforceability of previously agreed upon non-compete agreements. In short, employees who have been rehired or recalled may no longer be bound by post-employment restrictive covenants signed...
New York Courts Continue to Limit Employee Noncompetes
New York courts often refuse to enforce noncompete agreements. Most recently, in Flatiron Health v. Carson, the U.S. District Court for the Southern District of New York ruled that an employer’s restrictions on a former employee were unenforceable. Despite the fact that courts continue to limit employee noncompetes, it takes