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Independent Contractors & Noncompetition Covenants: A Modified Approach, Matthew J. Sandor

Fordham Law Review

This Note examines the way in which noncompetition covenants should be applied to independent contractors. An increasing portion of the American labor force is now employed outside the traditional employer-employee context. Today, nearly sixty million American workers are categorized as independent contractors, with many subject to noncompetition covenants that restrict their ability to participate in the labor market freely. In response to this dramatic change, state courts and legislatures have used a variety of approaches in enforcing noncompetes in the independent contractor context. These approaches run the gamut, with some states liberally construing noncompetes against independent contractors while others have …