California CodesBusiness and Professions Code - BPCDivision 7 — General Business RegulationsPart 2 — Preservation and Regulation of CompetitionChapter 1 — Contracts in Restraint of TradeSection 16600.5
(a) Any contract that is void under this chapter is unenforceable regardless of where and when the contract was signed.
(b) An employer or former employer shall not attempt to enforce a contract that is void under this chapter regardless of whether the contract was signed and the employment was maintained outside of California.
(c) An employer shall not enter into a contract with an employee or prospective employee that includes a provision that is void under this chapter.
(d) An employer that enters into a contract that is void under this chapter or attempts to enforce a contract that is void under this chapter commits a civil violation.
(e)(1) An employee, former employee, or prospective employee may bring a private action to enforce this chapter for injunctive relief or the recovery of actual damages, or both.
(2) In addition to the remedies described in paragraph (1), a prevailing employee, former employee, or prospective employee in an action based on a violation of this chapter shall be entitled to recover reasonable attorney’s fees and costs.
Notes
Bars enforcement of contracts void under the chapter regardless of where or when signed, including when employment was outside California, and prohibits employers from entering such provisions with employees or prospective employees. Violations are civil violations; employees, former employees, and prospective employees may seek injunctions, actual damages, or both, with reasonable fees and costs for prevailing plaintiffs.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 16600.5 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-7/part-2/chapter-1/section-16600-5