Key points:
- Florida lawmakers have passed a bill strengthening employer rights to enforce noncompete agreements.
- The bill contrasts sharply with the now-paused FTC noncompete ban and recent restrictions in other states.
- Other states, including Minnesota and Kansas, are reconsidering recent limits or adding new carve-outs.
As many U.S. states move to rein in the use of employee noncompete agreements, Florida is heading in the opposite direction. A bill (HB 1219) awaiting Gov. Ron DeSantis’ signature would give Florida employers broader powers than any other state to restrict worker mobility, according to Bloomberg Law.
The legislation mandates that, for qualifying contracts, courts must grant employers’ requests for injunctions blocking former employees from joining competitors, unless the employee can prove otherwise. The measure also protects “garden leave” and other noncompetes for up to four years—much longer than most state thresholds.
The bill runs directly counter to recent federal and state trends. In 2024, the Federal Trade Commission issued a nationwide ban on noncompetes, which has since been paused by court injunctions. Meanwhile, states like California, North Dakota, and Oklahoma continue to ban noncompetes outright, and at least 11 others restrict them for low-wage or middle-income workers.
“The general trend has been toward narrowing use of noncompetes,” said Miami attorney Eric Ostroff. “The Florida bill goes in the total opposite direction.”
Backers say the bill will attract high-tech and financial employers to Florida. Bloomberg previously reported that billionaire investor Ken Griffin and his firm Citadel supported the measure. DeSantis, who received support from Griffin in other policy fights, is widely expected to sign it.
National Patchwork Emerges
Florida isn’t alone in challenging the regulatory tide. Kansas recently passed a law that presumes certain customer nonsolicitation agreements are enforceable. And in Minnesota, lawmakers are considering rolling back the state’s sweeping 2023 noncompete ban, with proposed exemptions for high earners and trade-secret-sensitive roles.
In contrast, states like New York are again considering tighter restrictions. A bill (S4641A) would ban most noncompetes except for workers earning over $500,000 annually. The measure follows Gov. Kathy Hochul’s 2023 veto of a broader ban, citing the need for compromise thresholds.
“If Minnesota walks back the ban, that would be huge,” said Russell Beck of Beck Reed Riden LLP. “It signals that businesses can’t tolerate outright bans.”
Federal Outlook Still Uncertain
Though Republican control in Washington has stalled the FTC’s rule, Beck warned that employers shouldn’t assume federal enforcement is over. FTC Chairman Andrew Ferguson opposed the rule but has supported targeting noncompete abuse through individualized enforcement actions. “They want to make a point to companies that are excessively using noncompetes,” Beck said.
Florida’s bill may bring short-term relief for employers, but experts caution against overreach. “It’s not open season,” said Stefanie Camfield, associate general counsel at Engage PEO. “Applying noncompetes to low-wage workers could still trigger federal scrutiny.”
