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Title 1 Civil Procedure

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Change 1

What to do with it
As published

1-23-108. Contractual provisions in restraint of trade generally void; exceptions; unlawful intimidation.

(a) Any covenant not to compete that restricts the right of any person to receive compensation for performance of skilled or unskilled labor shall be void. This subsection shall not apply to: (i) Any covenant not to compete contained in a contract for the purchase and sale of a business or the assets of a business; (ii) Any covenant not to compete to the extent the covenant provides for the protection of trade secrets as defined by W.S. 6-3-501(a)(xi); (iii) Any contractual provision providing for the recovery of all or a portion of the expense of relocating, educating and training an employee as follows: (A) Recovery of not more than one hundred percent (100%) of the expense for an employee who has served an employer for a period of less than two (2) years; (B) Recovery of not more than sixty-six percent (66%) of the expense for an employee who has served an employer for between two (2) and less than three (3) years; (C) Recovery of not more than thirty-three percent (33%) of the expense for an employee who has served an employer for between three (3) and less than four (4) years. (iv) Executive and management personnel and officers and employees who constitute professional staff to executive and management personnel. (b) Any covenant not to compete provision of an employment, partnership or corporate agreement between physicians that restricts the right of a physician to practice medicine as defined in W.S. 33-26-102(a)(xi), upon termination of the physician's employment, partnership or corporate affiliation, is void, provided that all other provisions of the agreement enforceable at law shall remain enforceable. (c) Notwithstanding subsection (b) of this section, upon termination of the employment, partnership or corporate affiliation, or upon the voiding of an agreement not to compete specified in subsection (b) of this section, a physician may disclose his continuing practice of medicine and new professional contact information to any patient with a rare disorder as defined in accordance with the national organization for rare disorders, or a successor organization, to whom the physician was providing consultation or treatment before termination of the employment, partnership or corporate affiliation. Neither the physician nor the physician's employer shall be liable to any party to the prior agreement for damages alleged to have resulted from the disclosure or from the physician's treatment of the patient after termination of the prior agreement or employment, partnership or corporate affiliation.

Your change, as a redline

1-23-108. Contractual provisions in restraint of trade generally void; exceptions; unlawful intimidation.

(a) Any covenant not to compete that restricts the right of any person to receive compensation for performance of skilled or unskilled labor shall be void. This subsection shall not apply to: (i) Any covenant not to compete contained in a contract for the purchase and sale of a business or the assets of a business; (ii) Any covenant not to compete to the extent the covenant provides for the protection of trade secrets as defined by W.S. 6-3-501(a)(xi); (iii) Any contractual provision providing for the recovery of all or a portion of the expense of relocating, educating and training an employee as follows: (A) Recovery of not more than one hundred percent (100%) of the expense for an employee who has served an employer for a period of less than two (2) years; (B) Recovery of not more than sixty-six percent (66%) of the expense for an employee who has served an employer for between two (2) and less than three (3) years; (C) Recovery of not more than thirty-three percent (33%) of the expense for an employee who has served an employer for between three (3) and less than four (4) years. (iv) Executive and management personnel and officers and employees who constitute professional staff to executive and management personnel. (b) Any covenant not to compete provision of an employment, partnership or corporate agreement between physicians that restricts the right of a physician to practice medicine as defined in W.S. 33-26-102(a)(xi), upon termination of the physician's employment, partnership or corporate affiliation, is void, provided that all other provisions of the agreement enforceable at law shall remain enforceable. (c) Notwithstanding subsection (b) of this section, upon termination of the employment, partnership or corporate affiliation, or upon the voiding of an agreement not to compete specified in subsection (b) of this section, a physician may disclose his continuing practice of medicine and new professional contact information to any patient with a rare disorder as defined in accordance with the national organization for rare disorders, or a successor organization, to whom the physician was providing consultation or treatment before termination of the employment, partnership or corporate affiliation. Neither the physician nor the physician's employer shall be liable to any party to the prior agreement for damages alleged to have resulted from the disclosure or from the physician's treatment of the patient after termination of the prior agreement or employment, partnership or corporate affiliation.

One line that says what changes, such as "Halve the dog tax".

Who it helps, what it costs, what it fixes. It is what persuades people to support it.

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