Overview

• The law doubles non-compete periods to four years, removes geographic scope limits, extends coverage to out-of-state employees and formally authorizes garden leave agreements.
• The CHOICE Act makes preliminary injunctions presumptive default relief, forcing employees to prove by clear-and-convincing evidence why covenants should be dissolved.
• Low-wage workers and licensed health practitioners are exempt, with the law applying only to employees whose earnings exceed county-defined wage thresholds.
• Federal courts remain divided on applying the statute’s presumption of irreparable harm, creating uncertainty over its enforceability in federal venues.
• Since July 1, employers have been auditing and revising existing restrictive covenants to ensure compliance and maximize protective measures under the new statute.