Skill

legalcode-us-state-non-compete-analysis

Analyze non-compete agreement enforceability across all 50 US states. Use when reviewing a non-compete clause, covenant not to compete, restrictive covenant, post-employment restriction, or garden leave agreement — whether for an employer, employee, in-house counsel, or transactional attorney. Covers: 6-state total ban screening (California, Minnesota, North Dakota, Oklahoma, Montana, Wyoming), salary threshold screening for 12+ states, reasonableness factor analysis (geographic scope, duration, scope of activity, legitimate business interest), consideration requirements (at-hire vs. mid-employment), blue-pencil vs. red-pencil reformation doctrine, garden leave mechanics and salary requirements, choice-of-law enforceability (California SB 699 extraterritorial reach, DraftKings v. Hermalyn analysis), FTC rulemaking status post-Ryan LLC v. FTC vacatur (September 2025 accession), Florida CHOICE Act 2025, healthcare and physician-specific restrictions, and state legislative trends 2023–2026. Jurisdiction-specific for United States (all 50 states + DC). Supports both employer (drafting/enforcement) and employee (challenge/negotiation) perspectives.