From JDSupra, Shawn Fabian reports on changes to non-compete laws in various states including changes to Idaho laws that allows Idaho companies to engage in non-compete agreements with key employees and key independent contractors. Typically, independent contractors are supposed to have multiple clients and by limiting an independent contractor’s ability to provide services to other clients, it begins to look more like the independent contractor is an employee. Shawn writes:
Recently, Idaho repealed an employer-friendly amendment to its non-compete law. Pursuant to Idaho law, employers can enter into non-competes with “key employees” and “key independent contractors” provided the non-competes protect a legitimate business interest and are reasonable in duration, geographic scope, and type of employment. An amendment to the law entitled employers to a rebuttable presumption of irreparable harm if an employer sought injunctive relief against a “key employee” or “key independent contractor” and the court found a violation of the non-compete. The rebuttable presumption of irreparable harm was repealed, and thus the burden of establishing the likelihood of irreparable harm is back on the employer.