In October 2023, California introduced a new law mandating that employers must issue individualized written notices to their current and former California employees by February 14, 2024, informing them that any noncompete clauses or agreements with their employers are rendered void and unenforceable under California law. We previously discussed the new law on our blog.
The law extends its reach to encompass all current and former California employees (i.e., employees who employed after January 1, 2022). These employees are entitled to receive written notices advising them that noncompete clauses or agreements are void.
The legislated notices must fulfill three criteria: they must (1) be individualized; (2) in writing; and (3) sent to the last known address and email address of each covered employee by the February 14, 2024 deadline.
California employers are advised to assess their employment agreements with their current and former employees, particularly those in force as of January 1, 2022, to determine the presence of potential noncompete clauses or agreements. If identified, employers must adhere to the stipulations of AB 1076 by promptly sending out compliant notices to affected employees on or before February 14, 2024.
For more information on non-compete agreements in California, please contact us at info@mnklawyers.com.
This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.
