Description

The landscape of restrictive covenants transformed in 2025, driven by a new administration's approach to federal oversight and decisive legislative action at the state level. Employers now face a complex environment where broad federal bans have stalled, but state-specific regulations—and opportunities—are rapidly evolving.

Key Takeaways for Employers:

• Federal Enforcement Continues: The Federal Trade Commission (FTC) is still challenging unreasonable non-compete agreements despite withdrawing its nationwide ban appeal.

• Florida Favors Employers: Florida solidified its position as an employer-friendly jurisdiction with the new Contracts Honoring Opportunity Investment Confidentiality and Economic Growth Act, which explicitly permits restrictive covenants lasting up to four years.

• State Laws Evolve: Key state-level non-compete bills are pending in Illinois, Washington, and New York—employers should stay updated.

Epstein Becker Green attorneys Daniel R. Levy, Carolyn O. Boucek, and David J. Clark break down these critical developments in this episode of Spilling Secrets.

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Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

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