SB 453 – West Virginia

Status: Inactive / Dead
Year Introduced: 2022
Link: https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=453&year=2022&sessiontype=RS&btype=bill

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-29-1, §47-29-2, §47-29-3, §47-29-4, §47-29-5, §47-29-6, §47-29-7, §47-29-8, §47-29-9, §47-29-10, §47-29-11, §47-29-12, §47-29-13, §47-29-14, §47-29-15, §47-29-16, §47-29-17, §47-29-18, §47-29-19, §47-29-20, and §47-29-21, all relating to establishing uniform requirements for restrictive employment agreements and providing for civil penalties for violation of the article; providing a short title; providing for definitions; creating the scope of the article; providing for notice requirements; defining low wage workers; defining the effect of termination of work; creating a reasonableness requirement; defining the terms of a noncompete agreement; detailing the confidentiality agreement; providing for a no-business agreement; creating a nonsolicitation agreement; defining a no-recruit agreement; defining a payment-for-competition agreement; defining a training-repayment agreement; providing for nonwaivability; providing for enforcement and remedy; providing for choice of law and venue; providing for uniformity of application and construction; providing a transitional provision; and creating an effective date. The purpose of this bill is to provide rules for determining when noncompete agreements will be unenforceable. The bill limits the use of overly broad restrictive agreements. The act provides for a detailed notice to ensure that workers understand what the restrictive agreement prohibits. The act provides for civil penalties for violations.

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