From the Non-Compete Law Blog, Christopher H. Lindstrom and Robin Morse discuss recent changes in laws governing non-compete agreements and how Idaho’s pending legislation permits employers to enforce non-compete agreements against independent contractors. Christopher and Robin write:
Idaho Adopts Employer-Favorable Presumption of Irreparable Harm
The neighboring state of Idaho went in another direction just days later. House Bill 487was delivered to the governor on March 25, 2016 and is expected to be signed into law. The bill provides:
If a court finds that a key employee or key independent contractor is in breach of an agreement or a covenant, a rebuttable presumption of irreparable harm has been established. To rebut such presumption, the key employee or key independent contractor must show that the key employee or key independent contractor has no ability to adversely affect the employer’s legitimate business interests.
Thus, in contrast to the new Utah law, the new Idaho bill will actually make it easier for employers to get a preliminary injunction to enforce their non-compete restrictions.
Read the full story at Utah and Idaho Take Contrasting Approaches to Non-Compete Reform