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I hope the tech workers leaving California take into account how hostile most states are in terms of non competes for employees. Not having them enforceable here is a big part of the magic that let the tech industry thrive in the Bay Area.

That said, I’m happy to tough it out here and potentially take advantage of not having to compete with as many other techies and private school kids for rentals in my neighborhood in SF.



How does it work in America? If one works remotely for a company based in SF from NV for example, do the employment laws of NV apply? If time is spilt between states how would it be determined? Would this only matter in the event of a dispute between the two parties?


It's based on your primary residence location. "Primary" typically meaning where you reside more than half the year.

In your example, it would be Nevada.


This is a really good point. Will these companies make their employees sign non-competes during their move?


Most of the employment agreements I’ve signed with largish tech companies have the non-compete baked in there with language that it does not apply where not enforceable or a specific carve out for California. I know Amazon makes people sign one again when you on board in a new location after a transfer. (There was an article about that recently I think)


the vast majority of employees just work their single job and have no side projects or gigs that would trigger a noncompete


It’s not even about side gigs some places where this is bad. In some states it’s about preventing employees (even lower level folks) from going to a competitor.




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