Section 201 – Post-employment restrictive covenants.
Effective 5/14/2019 34-51-201. Post-employment restrictive covenants. (1) Except as provided in Subsection (2) and in addition to any requirements imposed under common law, for a post-employment restrictive covenant entered into on or after May 10, 2016, an employer and an employee may not enter into a post-employment restrictive covenant for a period of more than […]
Section 202 – Exceptions.
Effective 5/10/2016 34-51-202. Exceptions. (1) This chapter does not prohibit a reasonable severance agreement mutually and freely agreed upon in good faith at or after the time of termination that includes a post-employment restrictive covenant. A severance agreement remains subject to any requirements imposed under common law. (2) This chapter does not prohibit a post-employment […]
Section 301 – Award of arbitration costs, attorney fees and court costs, and damages.
Effective 5/10/2016 34-51-301. Award of arbitration costs, attorney fees and court costs, and damages. If an employer seeks to enforce a post-employment restrictive covenant through arbitration or by filing a civil action and it is determined that the post-employment restrictive covenant is unenforceable, the employer is liable for the employee’s: (1) costs associated with arbitration; […]