Comments on: Noncompete Agreements - Are they Valid in Oregon?: The Oregon Legislature significantly changes Employment Laws including Noncompetition Agreements http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/ A law firm for the business of the innovative and creative classes. Mon, 01 Dec 2008 18:58:31 +0000 http://wordpress.org/?v=2.2.1 By: Melina http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-81 Melina Thu, 20 Dec 2007 18:59:11 +0000 http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-81 very interesting. i'm adding in RSS Reader very interesting. i’m adding in RSS Reader

]]> By: martin http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-79 martin Mon, 19 Nov 2007 17:54:55 +0000 http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-79 Also see the same date on the regulator's announcement: It is January 1, 2008. http://www.oregon.gov/BOLI/GOV_SIGNS_SB248_MEDIARELEASE.pdf martin Also see the same date on the regulator’s announcement: It is January 1, 2008.

http://www.oregon.gov/BOLI/GOV_SIGNS_SB248_MEDIARELEASE.pdf

martin

]]> By: martin http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-78 martin Mon, 19 Nov 2007 17:50:59 +0000 http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-78 Laurie, Your question deals with the "effective date." While I would not say Westlaw and my colleagues are wrong, they are imprecise. Our article is precise in that it says the law applies to "employment agreements entered into after January 1, 2008." Generally, the day a bill is signed by the executive or the date of a veto-override, is the day it becomes a law. That does not mean the law is “effective” on that date. Many times laws provide a transition period so those regulated can plan and adapt. This non-compete law severely restricts individuals and businesses and their right to contract so it is appropriate it is not effective on the day it was signed. Sometimes immediate effective dates that make a law effecive on the day of signature tend to be some type of “emergency legislation.” The procedural rules of the legislative body set the boundaries for this question of the effective date on various types of legislation. martin Laurie,

Your question deals with the “effective date.” While I would not say Westlaw and my colleagues are wrong, they are imprecise. Our article is precise in that it says the law applies to “employment agreements entered into after January 1, 2008.”

Generally, the day a bill is signed by the executive or the date of a veto-override, is the day it becomes a law. That does not mean the law is “effective” on that date. Many times laws provide a transition period so those regulated can plan and adapt. This non-compete law severely restricts individuals and businesses and their right to contract so it is appropriate it is not effective on the day it was signed. Sometimes immediate effective dates that make a law effecive on the day of signature tend to be some type of “emergency legislation.” The procedural rules of the legislative body set the boundaries for this question of the effective date on various types of legislation.

martin

]]> By: Laurie http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-76 Laurie Fri, 16 Nov 2007 19:06:55 +0000 http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-76 When does the new law take effect? You say January 1, 2008. Some of your colleagues say the date the bill was signed (Westlaw agrees) When does the new law take effect? You say January 1, 2008. Some of your colleagues say the date the bill was signed (Westlaw agrees)

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