In response to President Joe Biden’s executive order pushing to regulate noncompete agreements, Phoenix Business Journal published a guest column by Kent Brockelman and Jill Chasson outlining steps businesses should take to protect themselves. Although the order does not change existing law, it signals potential federal regulation reigning in the use of restrictive covenant agreements that limit worker mobility. Such regulation would be consistent with national trends. Kent and Jill recommend businesses review agreements currently in use, amend those that might be deemed “unfair” from the executive order’s perspective, and, except in narrow circumstances, avoid the use of no-poach agreements pursuant to which businesses agree not to hire one another’s employees. Kent has years of experience in a wide variety of employment matters and serves as principal...
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