Kansas Governor Laura Kelly recently signed two bills into law that will affect employers, including one related to enforcement of non-solicitation agreements and one that creates whistleblower protections for municipal employees. This client alert provides an overview of both new laws.
Amendments to the Kansas Restraint of Trade Act
On April 8, 2025, Governor Kelly signed Senate Bill 241, which makes some employer-friendly changes to the Kansas Restraint of Trade Act. These changes take effect on July 1, 2025, and will give Kansas employers a heightened ability to protect their workforce stability and customer relationships.
Non-Solicitation Agreements Will Be Presumed Enforceable
The recent amendment to the Kansas Restraint of Trade Act creates a conclusive presumption that non-solicitation restrictions will be found to be enforceable where they satisfy certain requirements.
Non-Solicitation of Employees or Customers by an Employee
Under the amended law, a written non-solicitation covenant that prevents an employee from soliciting a business’s employees is presumed enforceable if it: (1) seeks to “protect confidential or trade secret business information or customer or supplier relationships, goodwill or loyalty,” or (2) does not last for more than two years following employment.
Non-solicitation agreements that prevent an employee from soliciting a business entity’s customers also are presumptively enforceable if the agreement is limited to “material contact customers”...
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