Hawaii Prohibits Noncompete and Nonsolicit Agreements in the Technology Business: Employment Law Manual Updated

Authors: Melissa A. Silver and Marta Moakley, XpertHR Legal Editors

Hawaii now prohibits an employer from including in an employment contract a post-employment noncompete clause or a nonsolicit clause for an employee in the technology business. However, an employer may still restrict an employee in the technology business from disclosing an employee's trade secrets so long as the restriction is reasonably necessary to protect the employer and does not impose an undue hardship on the employee.

In light of this development, the Hawaii Terms of Employment, Employee Communications and Employee Discipline sections of the Employment Law Manual have been updated.