New Oklahoma Law Clarifies Enforceability of Non-Solicitation of Employee Covenants

Oklahoma recently passed a new law (Senate Bill 1031) that clarifies the enforceability of non-solicitation of employee covenants within the state. The new law attempts to resolve uncertainties that may have arisen about such restrictive covenants after the Oklahoma Supreme Court’s 2011 decision in Howard v. Nitro-Life Technologies, LLC.

In Howard, the Oklahoma Supreme Court found the restrictive covenants in an employee’s agreement with his former employer void and unenforceable as against Oklahoma’s public policy. Oklahoma is one of the three states that generally prohibit non-competition agreements. (California and North Dakota are the others).

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