Are Florida Non-Competes Enforceable? - BT Law Group, PLLC

From BT Law Group, PLLC – Are Florida Non-Competes Enforceable? explores what Florida law actually says about non-compete agreements, when they can be enforced, and the legal standards that determine whether they hold up in court. This episode examines Florida Statutes § 542.335, the role of legitimate business interests, reasonable time and geographic restrictions, and the circumstances that can make a restrictive covenant enforceable or unenforceable for employees and employers across Miami and South Florida.

Listeners will gain insight into the CHOICE Act, which became effective on July 1, 2025, and how it creates a separate framework for qualifying high-earning employees and covered garden leave agreements. The discussion also explains why the FTC Noncompete Rule never took effect, how federal court actions impacted the proposed nationwide ban, and why Florida businesses and employees must continue looking to state law when evaluating non-compete agreements.

The episode also breaks down common defenses to non-compete enforcement, including the absence of a legitimate business interest, overbroad restrictions, employer breach, and changed circumstances. It explains how Florida courts may "blue-pencil" restrictive covenants instead of invalidating them outright, the different rules that apply after the sale of a business, and the steps employees should take if an employer threatens litigation or seeks an injunction.

Featuring insights from Jason D. Berkowitz and Anisley Tarragona, founding partners of BT Law Group, PLLC, this podcast provides practical guidance for understanding employment agreements, restrictive covenants, trade secrets, breach of contract issues, and workplace disputes. Whether you are reviewing a new non-compete, responding to legal action, or seeking clarity on your rights under Florida law, this episode offers a clear overview of the legal framework and the options available to both employees and employers.

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