Sherman Antitrust Act: Federal law that prohibits anticompetitive business practices. Must ensure non-solicitation terms don't violate antitrust provisions by unreasonably restraining trade.
Federal Trade Commission Act: Federal legislation that prohibits unfair methods of competition and deceptive practices. Non-solicitation agreements must not constitute unfair competition.
Defend Trade Secrets Act (DTSA): Federal law providing uniform protection for trade secrets. Relevant when non-solicitation provisions are linked to protection of trade secrets.
California Business and Professions Code �� 16600: California state law that generally voids non-competition agreements and significantly limits non-solicitation provisions.
Massachusetts Garden Leave Law: Massachusetts law requiring garden leave provisions in restrictive covenants, potentially affecting non-solicitation terms.
Illinois Freedom to Work Act: Illinois legislation setting restrictions on employment-related agreements, including requirements for non-solicitation provisions.
Fair Labor Standards Act: Federal law establishing wage and hour standards, which must be considered when implementing restrictions on employee activities.
National Labor Relations Act: Federal law protecting employees' rights to organize and bargain collectively, which may impact the scope of non-solicitation restrictions.
State-Specific Duration Requirements: Various state laws limiting the acceptable duration of non-solicitation restrictions, typically requiring them to be reasonable in time scope.
Geographic Scope Restrictions: State-specific limitations on the geographic reach of non-solicitation agreements, requiring reasonable territorial limits.
Consideration Requirements: Legal requirement that non-solicitation agreements must be supported by adequate consideration, varying by state law.
Legitimate Business Interest Test: Legal standard requiring that non-solicitation restrictions must protect legitimate business interests to be enforceable.
