Non-compete agreements can be daunting due to their intimidating language, but understanding their enforceability is crucial to dispel fears regarding your business or job.

This year, the U.S. Senate proposed the Workforce Mobility Act of 2023, which would ban non-competes nationwide with minimal exceptions. Contrary to popular belief, non-compete agreements are not solely limited to executives or high-paying professions. They also impact low-wage workers who might struggle to find similar job opportunities due to these restrictive agreements. Gaining insight into the complexities of non-competes is essential for individuals and businesses alike to navigate this legal landscape effectively.

In part one of a three-part series, Michael explores the challenges surrounding non-compete agreements and their potential impact on the free market. He sheds a light on the daunting legal language of non-compete covenants that often evokes fear while also providing insights on resetting expectations about them.

Additionally, Michael discusses the pending bill in the U.S. Senate, the Workforce Mobility Act of 2023. Throughout this episode, you’ll gain a deeper understanding of non-compete agreements and their implications for your business, exploring why many may not be enforceable and how they can potentially restrict the free market. Moreover, he examines how non-disclosure agreements are beingoffered as a viable solution for safeguarding trade secrets and intellectual property.

 Michael explains:

  • What a non-compete agreement is a contract between an employer and an employee where the employee cannot compete with the employer by taking another job or founding a business that competes with the employer.
  • Why non-compete agreements are often unenforceable, but employees–especially low-wage workers–may not realize it or have the resources to fight a non-compete agreement.
  • The Workforce Mobility Act of 2023, which was proposed in the U.S. Senate earlier this year. If an employee is under a non-disclosure agreement that protects trade or company secrets, a non-compete agreement may not be necessary. 

While non-compete agreements are the norm in many places today, they could be coming to an end in the near future.

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