California CodesBusiness and Professions Code - BPCDivision 7 — General Business RegulationsPart 2 — Preservation and Regulation of CompetitionChapter 1 — Contracts in Restraint of TradeSection 16600.1

(a) It shall be unlawful to include a noncompete clause in an employment contract, or to require an employee to enter a noncompete agreement, that does not satisfy an exception in this chapter.

(b)(1) For current employees, and for former employees who were employed after January 1, 2022, whose contracts include a noncompete clause, or who were required to enter a noncompete agreement, that does not satisfy an exception to this chapter, the employer shall, by February 14, 2024, notify the employee that the noncompete clause or noncompete agreement is void.

(2) Notice made under this subdivision shall be in the form of a written individualized communication to the employee or former employee, and shall be delivered to the last known address and the email address of the employee or former employee.

(c) A violation of this section constitutes an act of unfair competition within the meaning of Chapter 5 (commencing with Section 17200).

Notes

Prohibits employers from including or requiring employment noncompetes that do not satisfy a chapter exception. For current employees and former employees employed after January 1, 2022, employers had to provide individualized written notice by February 14, 2024, to the last known mailing and email addresses that the noncompete is void; violations constitute unfair competition.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 16600.1 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-7/part-2/chapter-1/section-16600-1

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