Florida Just Went All-In on Non-Competes. New York May Be About to Ban Them.

If you run a business, or you're an executive who signed one of these agreements without reading past page one, 2026 is the year to pay attention to non-competes again.

Two of the states where MB Law Group practices are moving in completely opposite directions.

Florida: stronger, faster, harder to escape.

Florida's CHOICE Act took effect in mid-2025, and it changed the math for a large group of highly compensated employees and contractors. Under the Act, employers can lock in non-compete and garden leave agreements lasting up to four years for workers who clear a county-specific pay threshold, generally somewhere between roughly $80,000 and $150,000 depending on where in Florida the job is based.

The bigger shift: if an employer follows the Act's procedural rules and a covered employee appears headed for a competitor, a Florida court must issue a preliminary injunction blocking the move. The burden shifts to the employee to prove, by clear and convincing evidence, that they won't use the former employer's confidential information or client relationships. That's a real departure from the traditional balancing test still used for agreements the CHOICE Act doesn't cover.

Older agreements, and anyone outside the Act's coverage, are still governed by Florida's long-standing restrictive covenant statute, which was already considered one of the more employer-friendly frameworks in the country.

New York: still enforceable, but under real pressure.

New York has not passed a non-compete ban, despite serious attempts. Governor Hochul vetoed a near-total ban in 2023, and narrower versions aimed at protecting lower- and middle-income workers have been reintroduced this year. Right now, New York non-competes are still evaluated under the state's decades-old common law reasonableness test, weighing duration, geography, and whether the restriction protects a legitimate business interest rather than just blocking competition.

That said, the direction of travel is clear. Courts and lawmakers in New York are increasingly skeptical of broad restrictions, particularly for employees who aren't senior executives or specialists with real access to trade secrets. A non-compete that sails through in Florida today could get picked apart in a New York courtroom.

Why this matters if you operate in both states.

Many of the business owners and executives we work with aren't confined to one jurisdiction. A choice-of-law clause that assumes Florida's new, employer-friendly rules will control everywhere is a risky bet if the employee actually lives and works in New York. Courts don't always honor that clause the way the contract assumes they will.

If you're an employer, this is the moment to review which agreements were signed before July 2025, whether your key people clear the CHOICE Act's compensation threshold, and whether your choice-of-law and venue provisions still make sense.

If you're being asked to sign one, don't assume it's unenforceable just because you've heard non-competes are on their way out. In Florida, right now, the opposite is happening.

Non-compete law is moving quickly in both states, and the right strategy today may not be the right one in a year. MB Law Group advises business owners and executives across Florida and New York on drafting, reviewing, and litigating restrictive covenants. If you have a non-compete question, whether you're the one asking someone to sign it or the one being asked, schedule a consultation before you sign, or before you assume you're free to walk away.

Attorney Advertising. This article is for informational purposes only and is not legal advice. Every case is different.