Non-compete agreement One trend accelerated by the pandemic is employment contracts that don't include non-compete provisions but broad confidentiality and non-solicitation agreements instead.

Pressed by labor shortages, a growing number of employers are using non-compete provisions to hold onto employees—trying to enforce them through litigation, or inserting clauses into employment contracts, even in jurisdictions where they're banned. 

Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.

Your access to unlimited BenefitsPRO content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Breaking benefits news and analysis, on-site and via our newsletters and custom alerts
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical converage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
NOT FOR REPRINT

© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Jessica Mach

Jessica Mach is a reporter covering tech, labor and employment for ALM Media's In-House desk, and writes Law.com's weekly "Labor of Law" newsletter. Contact her at [email protected].