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. 

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Jessica Mach

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