With expanded legal protections and the risk of costly penalties, Virginia employers must revisit how they use restrictive covenants, particularly with non-exempt workers. This amendment reflects a continued shift in legislative and regulatory focus toward employee mobility and fairness in the post-employment landscape.

The introduction of New York Senate Bill S4641 and New Jersey Senate Bill S1688 signals a continued legislative push to rein in restrictive employment agreements and protect employee rights. While these bills have yet to be enacted, their progress should be closely tracked by employers seeking to stay compliant and avoid litigation.

In a noteworthy win for employers, a National Labor Relations Board (NLRB) judge recently upheld a non-compete agreement, signaling that such provisions remain enforceable under current law—at least for now.