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Example: "What are the requirements for enforceability of non-compete clauses in California?"
Research Results
Summary: Non-compete clauses in California are generally unenforceable except in very limited circumstances. California Business and Professions Code Section 16600 establishes a strong public policy against restraints on employment.
California Business and Professions Code § 16600
"Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void."
AMN Services, LLC v. Aya Healthcare Services, Inc., 28 Cal. App. 5th 923 (2018)
The Court of Appeal affirmed that non-solicitation agreements are generally unenforceable in California as they restrain employee mobility.
Edwards v. Arthur Andersen LLP, 44 Cal. 4th 937 (2008)
The California Supreme Court rejected the "narrow restraint" exception to Section 16600, holding that even narrowly tailored non-compete agreements are invalid in California.
Limited Exceptions: Non-compete clauses may be enforceable in California only in the context of the sale of a business (§16601), dissolution of a partnership (§16602), or the sale of a limited liability company membership interest (§16602.5).
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