California Non-Compete Review
California bans most employee non-compete agreements under Business and Professions Code § 16600. AI review of your non-compete with California-specific legal context.
Frequently asked questions
Are non-compete agreements enforceable in California?
Generally, no. California Business and Professions Code § 16600 voids most employee non-compete agreements. There are narrow exceptions for the sale of a business or dissolution of a partnership. Courts interpret § 16600 broadly to protect employees' right to work.
Can my California employer still include a non-compete in my contract?
Under SB 699 (effective January 2024), it is a civil violation for an employer to include or attempt to enforce a void non-compete in a California employee's contract. Non-competes still appear in many California employment agreements — but knowing they're void gives you significant leverage.
What if my contract nominates another state's law?
California courts generally apply California law to protect California-based employees regardless of the contract's governing law clause. A choice-of-law provision cannot strip a California employee of § 16600 protections.
Are non-solicitation clauses enforceable in California?
Broad non-solicitation clauses that function as de facto non-competes are increasingly treated as void under California law following recent case law. Narrowly tailored trade secret protections may be analyzed differently.