On January 11, 2019, a California federal district court issued a decision bolstering the argument that employee non-solicitation clauses are unenforceable under California law. In Barker v. Insight Global, the judge declined to interpret narrowly another recent California state court of appeal decision finding that a clause restraining former employees from soliciting former co-workers constituted an unenforceable restraint on trade, and was therefore invalid. In light of these decisions, employers need to carefully consider eliminating such clauses from their employment contracts for employees located in California.
Home > State Law Articles > California > Restrictive Covenants (CA) > Second California Court Adopts Position that Employee Non-Solicitation Clauses are Invalid Restraints on Trade