Which Workers are Covered By Florida’s New CHOICE Act?
Recently, Florida lawmakers passed the CHOICE Act. While much of the country has turned against non-compete agreements, Florida policy is moving in the other direction. The CHOICE Act makes it easier for employers in Florida to enforce non-compete agreements in a wide range of different situations. A proactive approach to non-competes is a must. Employers and employees need to know their rights and responsibilities. In this article, you will learn about how the CHOICE Act has changed the law in Florida and which workers are covered by the new regulations.
How the CHOICE Act Changes the Law for Non-Competes in Florida
The CHOICE Act is a major shift on the law for non-compete agreements in Florida. Notably, Florida was already one of the most employer-friendly states when it comes to enforcing non-compete agreements. With that being said, the CHOICE Act goes a step further by broadening the categories of workers who can be restricted and reducing some of the limitations courts previously imposed on employers. The new law makes it easier for companies to argue that they have a “legitimate business interest” in restricting competition. For employees, this means non-compete contracts that might have been deemed unenforceable in the past could now be upheld. Employers should recognize that while the CHOICE Act makes it easier to enforce a non-compete, there are still limits.
Requirements for an Employee to Be Covered By the CHOICE Act in Florida
Here is a key point to know about the law: The CHOICE Act does not apply to every worker in Florida. To be covered by the law, certain requirements must be met. Most notably, there is a wage/salary requirement. The CHOICE Act applies only to a “covered employee” (which includes independent contractors) who earns or is reasonably expected to earn more than twice the annual mean wage of the relevant Florida county. The county under consideration is where the covered employer has its principal place of business, or, if the employer is not based in Florida, the county where the worker resides
All Non-Compete Agreements Should Be Drafted and Reviewed By a Lawyer
Non-compete agreements are contracts. Before you sign any non-compete agreement, you need to be sure that it is enforceable and that it is in your best interests. Both employers and employees should consult with an experienced attorney. Employers should ensure that their contracts are not overly broad. For example, an agreement that attempts to restrict a worker for too many years or across too large a geographic area may still be struck down. Employees, on the other hand, should not assume that a signed agreement is set in stone. The CHOICE Act makes more non-competes enforceable. As such, the specific terms of your agreement always matter.
Get Help From Our Florida Non-Compete Attorney Today
Non-compete agreements are complicated. Before you sign an agreement, it is imperative that you consult with an experienced Florida employment lawyer. An attorney can review the agreement, explain your rights, and help you take action to protect your best interests.
