The tide continues to turn in the states against employee non-compete agreements. New York, like most states, allows “reasonable” non-competes to be enforced.
New York was able to get Jimmy John’s (and Law360 before it) to agree to drop non-competes from their standard employment contracts by arguing that the agreements placed “undue hardship” on employees that outweighed the legitimate interests of their employers.
Illinois has made similar arguments against Jimmy John’s non-competes. If this trend of attorney general litigation against non-competes continues, the tide of increasing non-compete enforcement against ordinary employees might reverse.