In this episode of Group Practice, host Neal Goldstein welcomes his partner, and leader of PFS’s labor and employment practice, Nora Walsh, for a deep dive into the evolving world of physician non-competes. They explore the common law foundations – reasonableness in time and geography, and protectable interests – and how Illinois’s landmark Fifield case added consideration requirements, later codified in the Freedom to Work Act. The conversation surveys the national landscape: outright bans in California, Minnesota, and others; Texas’s practical buyout approach; Florida’s employer-friendly stance; and recent restrictions for healthcare workers in states like Colorado and Delaware. They also discuss the FTC’s abandoned federal ban and why the current administration may still target healthcare non-competes. Key takeaway: Non-competes have not gone away, but employers and physicians alike need to understand their state’s rules, and the risks of overreaching.
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