California’s updated noncompete rule: What ASCs need to know

California has added a requirement for businesses that previously held employees to now-unenforceable noncompete agreements.

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California allows noncompetes only in connection with the sale of a business, sale of equity in a business or ending of a partnership, according to a Jan. 9 blog post by law firm Duane Morris.

Here is a breakdown of the change, according to the firm:

Under the new regulations, companies that previously enforced these restrictions must individually notify employees who were employed anytime after Jan. 1, 2022, and were held to these contracts, by ​​Feb. 14. 

If a business fails to send notice of this to employees by the deadline, it will be considered “an act of unfair competition,” which protects competitors, consumers and other market participants against unfair business practices, according to Duane Morris.

At the Becker’s 32nd Annual Meeting: The Business and Operations of ASCs, taking place October 29-31 in Chicago, ASC leaders, surgeons and healthcare executives will explore strategies to drive growth, enhance operational performance, navigate reimbursement challenges and prepare for the future of ambulatory surgery. Apply for complimentary registration now.

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Presenters: Joe Ganley, athenahealthJeffrey Flynn, CASC, Gramercy Surgery CenterBryan Tsao, Access Center, Loma Linda University HealthJason Zepeda, Northridge Hospital Medical Center, CommonSpirit HealthGreg DeConciliis, PA-C, CASC, Boston Out­Patient Surgical Suites

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