As non-compete enforceability narrows, employers rely on measures that remain available.
Confidentiality and trade secret protection, which is unaffected by non-compete restrictions in nearly every state.
Non-solicitation of customers, narrower and more widely enforceable, particularly when limited to customers the employee actually served during a defined lookback period.
Non-solicitation of employees, generally enforceable, subject to antitrust limits between businesses.
Notice periods and garden leave, with the employee paid and relieved of duties. Defensible because the employee is compensated, and effective because information goes stale.
Forfeiture for competition in deferred compensation and equity, where permitted. Several states treat these as restrictive covenants subject to the same analysis; others apply an employee choice doctrine permitting forfeiture where the employee voluntarily elects to compete.
Retention structures that make departure expensive rather than unlawful.
Operational measures. Team-based customer coverage rather than single relationships, restricted access to full customer data, and documented onboarding of client relationships to the firm rather than the individual.
Assignment of inventions and prompt registration of intellectual property.