The following article was first published on Shipman & Goodwin attorney Daniel Schwartz’ Connecticut Employment Law blog. It is reposted here with permission.
For many years, I’ve made predictions on what I think may happen for the upcoming year. Some years, it was pretty predictable. But, to state the obvious, we’re living through some unpredictable times.
Changes at the federal level have come mainly through executive orders and changes in enforcement priorities. It’s been many, many years, since we’ve had a federal law of significance pass Congress.
And state legislatures have been acting haphazardly creating a hodgepodge of state laws that multi-state employers are having to navigate.
Still, I think there’s enough out there for me to make a few predictions with my Magic 8 ball.
The overall notion to convey is this: for Connecticut employers—and their multi‑state peers—the 2026 headline is simple: the biggest “emerging” issues are already here.
The practical play is to tighten documentation and governance now so HR operations, recruiting, and payroll do not become compliance tripwires.
With federal courts vacating the FTC’s broad noncompete rule, state law continues to govern enforceability.
Indeed, several states have narrowed the permissible use of such clauses, meaning one‑size‑fits‑all templates are risky.
Employers should right‑size restraints to the specific interest at stake, emphasize noncompete alternatives like targeted non‑solicits...
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