Gigio Ninan co-authored an article published in the June 2023 edition of the New Jersey Lawyer entitled The Blue Eraser: New Jersey’s Proposed Move Against Restrictive Covenants. Id. at 34-36.
New Jersey introduced legislation that would restrict the rights of businesses to negotiate non-compete and non-poaching agreements with prospective employees. The bill, A3715, seeks to make such agreements unenforceable unless the employer adheres to a set of strict provisions that, among other things, require all newly-signed non-competes to include in them a “garden leave” provision of up to one year.
The bill proposal is part of a growing national trend to restrict the use of non-compete agreements under the auspices of employee protection.