NYT - When the Guy Making Your Sandwich Has a Noncompete Clause

Mar 24, 2015

New York Times Article Review – When the Guy Making Your Sandwich Has a Noncompete Clause

By: Craig Watrous 

We like to post interesting events, articles, and laws related to noncompetition agreements.  I’ve been meaning to post this article for some months.

This article from the New York Times describes New York’s continued trend towards more restrictive noncompetes put in place in relatively low and moderate paying jobs. Neil Irwin of the New York Times article (“When the Guy Making Your Sandwich Has a Noncompete Clause”) discusses a number of issues with noncompetes in such circumstances and the detriment it can have on employees. It also cites a continued trend of employment litigation involving noncompetes.  

Colorado takes a much more moderate stance towards noncompetion clauses in the employment context than New York. In Colorado they are considered per se void except under limited circumstances like, for instance for executives or management personnel.  Under Colorado law a noncompete for a delivery driver for Jimmy John’s wouldn’t be enforceable; and, even if a noncompete falls into one of the exceptions under Colorado law, it still has to be reasonably drafted in terms of scope, term and geography. 

For the full New York Times article please see the link below:


(Mallon Lonnquist Morris & Watrous PLLC, is a business, employment, real estate, and litigation law firm. Craig T. Watrous is a Colorado business attorney with MLMW, based in Denver, Colorado. Craig regularly represents clients on both sides of covenants not to compete. Craig can be reached at cwatrous@mlmw-law.com.)

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