June 25, 2018

June 25, 2018

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The Trend Continues: New Non-Compete Bills Introduced In Pennsylvania, New Hampshire and Vermont

In the final month of 2017 we discussed efforts by the Massachusetts and New Jersey legislatures to limit the use of employment non-compete agreements. By the start of 2018, the spike in activity had become a trend, with Pennsylvania, New Hampshire and Vermont introducing non-compete legislation of their own.

In an article posted on our website, Daniel Schwartz (Portsmouth), Martha Van Oot (Portsmouth), Erik Winton (Boston), and Colin Thakkar (Jacksonville) analyze the New Hampshire bill, which bars non-compete agreements for low-wage employees, as well as the Pennsylvania and Vermont bills, which bar non-competes altogether in ordinary employment relationships. Given the rarity of enforcement actions against low-wage employees, New Hampshire should not encounter significant pushback in its legislative efforts.  On the other hand, we suspect that the Pennsylvania and Vermont legislatures will have a much more difficult time in their efforts to join California, North Dakota and Oklahoma as the only states in the country to have implemented broad non-compete bans.

We will continue to provide updates as the non-compete bills move through the legislative process.

Jackson Lewis P.C. © 2018

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About this Author

Daniel Schwarz, Jackson Lewis Law Firm, Portsmouth, Labor and Employment Law Attorney
Principal

Daniel Schwarz is a Principal in the Portsmouth, New Hampshire, office of Jackson Lewis P.C. His practice includes advising private and public sector employers and educational institutions on all aspects of labor and employment law, including wage and hour, wrongful termination, anti-discrimination/retaliation, covenants against competition and breach of confidentiality.

Mr. Schwarz guides employers in creating employee policies and handbooks; provides advice regarding disciplinary procedures up through and including...

603-559-2730
Principal

Martha Van Oot is a Principal in the Portsmouth, New Hampshire, office of Jackson Lewis P.C. A former prosecutor in the New Hampshire Attorney General’s Office, she has extensive trial experience in state and federal court with an emphasis on employment and commercial litigation, including the defense of discrimination, wage and hour and wrongful termination claims, the enforcement of non-competition and trade secret agreements, and business tort litigation.

Ms. Van Oot has argued numerous cases before the New Hampshire Supreme Court and the First Circuit Court of Appeals. She frequently serves as a panelist on employment, trial practice and ethics for continuing legal education programs, and as a mediator for the federal district court and the New Hampshire Commission for Human Rights. She is a former adjunct professor at Vermont Law School and the University of New Hampshire School of Law.

603-559-2735
Erik J. Winton, Jackson Lewis, Principal, Retaliation Lawyer, restrictive covenant drafting attorney
Principal

Erik J. Winton is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He is the Co-Leader of the firm's Non-Competes and Protection Against Unfair Competition practice group. His practice focuses on restrictive covenant drafting, counseling, litigation avoidance and litigation. He regularly provides valuable counsel to clients in New England and across the country regarding these issues.

Mr. Winton has extensive experience as a litigator, including successful first chair jury trial experience. He represents employers in...

617-367-0025
Colin Thakkar Non-Competes Unfair Competition attorney Jacksonville, FL  Jackson Lewis law firm
KM Attorney

Colin Thakkar is an Associate in the Jacksonville, Florida, office of Jackson Lewis P.C. Mr. Thakkar represents and counsels small and large businesses on all aspects of employment-related issues.

He has represented employers in federal and state disputes and litigation involving allegations of discrimination, wage and hour claims, ERISA claims, non-compete, non-solicitation, non-disclosure agreements and various employment-related common law claims. Mr. Thakkar also has significant experience representing and advising...

904-638-2655