Statute · California Business and Professions Code

Cal. Bus. & Prof. Code § 16600.5 — Contracts in Restraint of Trade

Cal. Bus. & Prof. Code § 16600.5

Type
Statute
Source
California Business and Professions Code
Jurisdiction
California
Date
2024-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) Any contract that is void under this chapter is unenforceable regardless of where and when the contract was signed.

Citator

Cal. Bus. & Prof. Code § 16600.5 — Contracts in Restraint of Trade is in force in the current edition of the Code, and nothing recorded condemns it.

(a) Any contract that is void under this chapter is unenforceable regardless of where and when the contract was signed.

(b) An employer or former employer shall not attempt to enforce a contract that is void under this chapter regardless of whether the contract was signed and the employment was maintained outside of California.

(c) An employer shall not enter into a contract with an employee or prospective employee that includes a provision that is void under this chapter.

(d) An employer that enters into a contract that is void under this chapter or attempts to enforce a contract that is void under this chapter commits a civil violation.

(e) (1) An employee, former employee, or prospective employee may bring a private action to enforce this chapter for injunctive relief or the recovery of actual damages, or both.

(2) In addition to the remedies described in paragraph (1), a prevailing employee, former employee, or prospective employee in an action based on a violation of this chapter shall be entitled to recover reasonable attorney’s fees and costs.