§ 28-59-3. Enforceability.
(a) A noncompetition agreement shall not be enforceable against the following types of
workers:
(1) An employee who is classified as nonexempt under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219;
(2) Undergraduate or graduate students who participate in an internship or otherwise enter
a short-term employment relationship with an employer, whether paid or unpaid, while
enrolled at an educational institution;
(3) Employees age eighteen (18) or younger; or
(4)
Free access — add to your briefcase to read the full text and ask questions with AI
§ 28-59-3. Enforceability.
(a) A noncompetition agreement shall not be enforceable against the following types of
workers:
(1) An employee who is classified as nonexempt under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219;
(2) Undergraduate or graduate students who participate in an internship or otherwise enter
a short-term employment relationship with an employer, whether paid or unpaid, while
enrolled at an educational institution;
(3) Employees age eighteen (18) or younger; or
(4) A low-wage employee.
(b) This section does not render void or unenforceable the remainder of a contract or
agreement containing the unenforceable noncompetition agreement, nor does it preclude
the imposition of a noncompetition restriction by a court, whether through preliminary
or permanent injunctive relief or otherwise, as a remedy for a breach of another agreement
or of a statutory or common law duty.
(c) Nothing in this section shall preclude an employer from entering into an agreement
with an employee not to share any information, including after the employee is no
longer employed by the employer, regarding the employer or the employment that is
a trade secret.