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Restrictive Covenants
Updated to include additional information and options regarding confidentiality and non-disparagement provisions in a confidentiality agreement following the NLRB McLaren Macomb decision.
Updated to reflect restrictions on nondisclosure agreements and clarifications on noncompete restrictions, effective August 7, 2023.
Updated to reflect amendments with respect to physician noncompete agreements, effective July 1, 2023.
Enhanced to reflect expanded coverage of the Older Workers Benefit Protection Act, severance packages and constructive discharge.
An analysis of noncompete laws nationwide identifies several categories of employees that states often protect from the use of noncompetes, as well as other categories that the states usually do not.
Guidance for HR on the advantages and restrictions related to using restrictive covenants.