A new Florida law that took effect July 1 gives employers more power to extend and enforce noncompete agreements — but only for employees earning more than twice the average wage in their county. The law also places stricter limits on those employees’ ability to work for competitors or be hired by rival companies.
The new rule called the Florida Contracts Honoring Opportunity, Investment, Confidentially and Economic Growth (CHOICE) Act allows an employer to extend noncompete agreements from two to four years, restricting an employee from working for competitors during that period, typically within a specified geographic area.
The rule divides those who view it as a pro-business measure and employee advocates who have argued that noncompete agreements stifle free and fair trade.
“[The CHOICE Act] arises out of the Legislature’s pro-business philosophy to make Florida a more attractive state for businesses,” said Fort Myers attorney Scott Atwood, shareholder with Henderson, Franklin, Starnes & Holt P.A. and chair of the firm’s Employment Law Group.
Washington, D.C.-based research organization Economic Innovation Group argues strict enforcement of noncompete agreements has been shown to reduce wages, new patents and jobs created by new businesses.
In a letter dated May 13, the group urged DeSantis to veto the CHOICE Act along with a coalition that includes the Florida National Employment Lawyers Association and professors at academic institutions, including University of...
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