Some employers require all, or most, of their employees to sign a non-competition agreement, rationalizing that even if not enforceable, at least the non-competition agreement will make the employee "think twice" before leaving, especially to a competitor. This practice has come under attack recently as anti-competitive.
Last week, for example, the Illinois Legislature passed a statute, the Illinois Freedom to Work Act, that appears to prohibit Illinois employers from requiring non-competition agreements for employees earning less than $13.00/hour. This legislative action follows recent enforcement actions by the Illinois and New York attorneys general against Jimmy Johns' use of non-competition agreements with "sandwich artists"and delivery drivers.
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