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Epstein Becker Green Launches 50-State Noncompete Survey for Employers

Epstein Becker Green (EBG) is pleased to announce the launch of our 50-State Noncompete Survey, designed to give employers a desktop guide to the great variety and specificity of noncompete laws across the United States.

EBG’s 50-State Noncompete Survey is here to help provide key insights on all of the following areas of noncompete law in your state:

  • Are non-competitive employees permissible?
  • Is there a general non-compete statute or other industry-specific statute and rules?
  • Are certain employees exempt from noncompetitive?
  • Is continued employment sufficient consideration?
  • Are there notice-related or other unique requirements?
  • Are customers and employees non-solvent permissible?
  • Can noncompetes be enforced against terminated employees?
  • Is judicial modification permissible?
  • Can noncompetites be tolled?
  • and more.

Why is this important?

Legislative, regulatory, and judicial authorities at both the state and federal levels have weighed in on the enforceability of such restrictive covenants in various forms, and even whether noncompetes are appropriate at all. Although the Federal Trade Commission (FTC) has recently proposed a rule that would ban noncompetites nationwide (the comment period for which closed today), state law has exclusively governed noncompetes for more than 200 years.

With EBG’s 50-State Noncompete Survey, employers have a quick guide to the variety of legal standards to which their employment contracts must adhere.

Where can I find it?

The survey was thoroughly researched and prepared by the firm’s Trade Secrets and Employee Mobility group and is available, free of charge at