Unequal treatment between counties may trigger legislative fixes or judicial scrutiny. Until then, Miami-Dade stands as a rare island of mobility in a state otherwise locked down by restriction.
Florida has enacted one of the strictest noncompete laws in the country — but for many workers and businesses in Miami-Dade County, the law may as well not exist.
A Harsh New Era for Noncompetes
The Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act marks a major shift in Florida employment law. Employers statewide may now enforce noncompete agreements against covered employees for up to four years, with courts required to presume these agreements valid. Workers who challenge them must prove invalidity with clear and convincing evidence — in contrast to Florida’s past non-compete statute that placed the burden of proof on the employers.
For most employees, that burden is nearly insurmountable. Without significant resources for litigation, many noncompetes will remain unchallenged.
Florida’s approach stands in sharp contrast to national trends. The Federal Trade Commission has proposed banning most noncompete clauses, and states like California, Minnesota, and Illinois have enacted strict limits. Even jurisdictions that still permit noncompetes generally cap them at 12–24 months. Florida now places itself among the most employer-friendly states in the country.
The Miami-Dade Loophole
Covered employees under the Act are those who make at least double the annual mean wage in the county in which they reside. Accordingly, the story changes completely the moment you cross into Miami-Dade County. Here, the CHOICE Act takes on a different shape. Noncompetes under the CHOICE Act are enforceable only if an employee earns above a certain income threshold. In most counties, that number is relatively moderate. In Miami-Dade, however, the bar is set sky-high at $148,368 a year. For those employees who are not covered employees under the Act, Florida’s existing legal framework remains in effect, with shorter noncompetes and placing the burden of prove on employers.
This creates two starkly different realities. A marketing manager in Tampa could be sidelined for years under a noncompete, while someone with the same job in Miami could be sidelined for only two years and may not be sidelined if the employer does not invest the resources to prove they are being damaged by the competition. The same law, applied to the same kind of employee, produces different outcomes depending on geography.
The uneven application raises questions of fairness and consistency — and could invite future legal challenges under equal protection principles.
Implications for Businesses
For employers, the income thresholds create both an opportunity and a risk:
- Recruitment Advantage: Miami firms can recruit statewide, knowing workers outside the county can be more restricted than Miami employees.
- Business Migration: Companies may consider relocating offices to Miami-Dade to preserve workforce mobility.
- Competitive Edge: Early movers could gain market share while competitors in other regions remain limited by employee noncompetes.
For workers outside Miami-Dade, the law brings reduced career mobility, longer job gaps, and steep barriers to fighting restrictions. Some may even relocate to Miami to maintain flexibility, fueling potential talent migration within the state.
Legal and Economic Uncertainty
The CHOICE Act’s patchwork application all but guarantees litigation. Courts will soon be asked whether it unfairly advantages one county over others. In the meantime, employers face uncertainty when drafting agreements, and employees must navigate unfamiliar legal ground.
Economically, Miami could become a magnet for talent and business investment, especially in industries like tech, marketing, and professional services that depend on employee mobility. Other cities risk stagnation as workers face tighter restrictions.
What Companies and Employees Should Do Now
Because the CHOICE Act is already in effect, businesses and workers must act quickly:
For Companies
- Audit contracts to confirm compliance and identify exempt employees.
- Adjust hiring strategies, recognizing the restrictions outside Miami-Dade and potential recruiting advantages within it.
- Evaluate relocation or restructuring to stay competitive.
For Employees
- Seek legal counsel before making career moves, as early cases will shape how courts interpret the law.
At Miami-based EPGD Business Law, we’re already seeing employers and employees grappling with these questions in real time. Proactive legal review now could prevent costly disputes later.
What Comes Next
The CHOICE Act has redrawn Florida’s employment landscape overnight. For businesses, the choice is clear: adapt quickly or risk losing ground. For workers, the law underscores how much career freedom can depend on geography.
The larger question is whether this patchwork system can last. Unequal treatment between counties may trigger legislative fixes or judicial scrutiny. Until then, Miami-Dade stands as a rare island of mobility in a state otherwise locked down by restriction.
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