Changes to Florida’s Non-Compete Laws

Being asked to sign a non-compete agreement can put you in an impossible position. You need the job, but you also need to protect your ability to earn a living in the future. Employers have significant leverage when it comes to restrictive covenants, especially after recent changes to Florida’s non-compete laws. A single provision buried in an employment contract can follow you for years and derail your career if an employer enforces it aggressively. The dedicated employment attorneys at Feldman Legal Group have experience helping employees navigate these laws.

The State’s Shift Toward Stronger Employer Enforcement

Recent changes to the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act (CHOICE Act) updated the state’s non-compete enforcement. It significantly expands the duration and circumstances under which certain employees can be restricted under non-compete clauses after leaving a job.

The CHOICE Act applies only to covered employees, including workers earning at least twice the local annual mean wage. It also creates a strong presumption that qualifying non-compete and garden leave agreements are enforceable. Rather than requiring employers to justify the restriction, the burden often shifts to the employee to prove why enforcement should not occur.

What Is a Covered Non-Compete Agreement Under the CHOICE Act?

In Florida, one of the most impactful updates to the non-compete framework is the ability to impose restrictions lasting up to four years. A covered non-compete agreement may prohibit a former employee from taking a role where they would either perform similar services or be reasonably likely to use the employer’s confidential information or customer relationships. Actual competition does not need to be proven.

To be enforceable, these agreements must meet specific statutory requirements, including written notice of the right to seek legal counsel and a minimum seven-day review period. Employees must also provide an acknowledgement that they received confidential information or had access to customer relationships. While these safeguards appear protective, employers often treat them as formalities. Feldman Legal Group closely examines whether these requirements were genuinely satisfied or merely asserted to discourage employees from challenging enforcement.

Garden Leave Agreements and Pay Obligations

Another major change in Florida’s restrictive covenant law involves garden leave agreements. The CHOICE Act also authorizes covered garden leave agreements, which may require extended advance notice of termination for up to four years while the employee remains on the employer’s payroll. The employer must pay the employee’s base salary and provide the same benefits during this period.

Although these agreements allow employees to disengage from active work after a limited period, garden leave can still significantly restrict career mobility. Feldman Legal Group evaluates whether employers are actually complying with their pay obligations, particularly where unpaid bonuses, commissions, or overtime are already at issue.

Contact Us About Developments in Florida Non-Compete Enforcement

The changes to Florida’s non-compete laws have made it easier for employers to enforce long-term restrictions against certain workers. These agreements now carry real and immediate consequences, particularly when combined with aggressive litigation tactics.

If you are facing a non-compete dispute, considering a job change, or dealing with unpaid wages alongside restrictive covenants, contact Mitchell Feldman of Feldman Legal Group. We represent employees and are prepared to challenge enforcement in court and pursue the full value of your claims.