Yes and no
by catripledomer (2024-04-24 10:38:36)

In reply to: It’s been the law in California for 150 years.  posted by Kali4niaND


In California, Noncompete Clauses are valid for key individuals, but not for a vast majority of workers. If you are a company founder who sells the company, you can, under California law, be bound by a non-compete from starting a new company that is similar under certain conditions. I don't think this is a bad idea.

Blanket elimination of non-compete clauses just means that now the price that someone will get for selling their business will be substantially less than they received before because the risk is higher that they will just go start a new, identical business. This can be mitigated through earn-outs and similar instruments, but essentially all this will do is reduce the selling price of businesses.

I wholeheartedly agree that noncompetes shouldn't exist for most workers. They do have a role in M&A transactions, though.


As I understand this new rule, it does not apply to M&A
by Dutch  (2024-04-24 12:50:20)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

As a result, I believe noncompetes in M&A transactions will continue to be enforceable. I also understand that the new rule does not prohibit nonsolicitation provisions (a common restrictive covenant preventing a person from soliciting customers or employees of his or her former employer).

I also agree with you that if noncompetes become unenforceable in M&A, then the value of a seller's business will be diminished. This is especially true in a service business like medical or dental. Seems like a double edged sword for the doctors.

It should be obvious, but none of this is legal advice.


Hopefully M&A is excluded
by catripledomer  (2024-04-24 17:32:58)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

Lack of non-solicitation agreements / clauses would very much disrupt the M&A market as well. It's very difficult to protect a newly acquired asset if it can be cannibalized shortly after transfer.


Some tech fields are tricky
by SixShutouts66  (2024-04-24 11:59:14)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

I understand the justifiable complaints of people in the medical and financial fields that they should have the right to have customers/patients from their former place of work, since they are following the person who provided them service in the past.

The tech field offers the possibility of a group of workers in the same field offering a lower cost alternative (due to smaller overhead) to their currrent employer. It's especially bothersome if these workers use technology developed by others (i.e. they're selling the product of others rather than a product they developed). I've seen threats of this in specialized fields or field sites. In many of these cases it's more than a wage issue.