Trust This: Floridaâs New Non-Compete Bill
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- Trust This.
- Posts
- Trust This: Florida's new non-compete bill
Trust This: Florida's new non-compete bill
and the feds' definition of "independent contractor" reverts
Joseph Seagle
May 16, 2025
Trust This.
By Joseph E. Seagle, Esq.
đ Happy Friday! Today is National đˇ Barbecue Day. Those of us in the South know that itâs not the same as National Cookout Day, because âBarbecueâ is a noun, and not a verb.
âď¸Situation Awareness: Iâll be speaking tomorrow at CFRIâs Wholesaling Academy about wholesaling contracts and assignments versus double-closings.
1 big thing: Floridaâs New Noncompete Law Rewrites the Rules for Employers
đ Whatâs happening: Floridaâs legislature has passed House Bill 1219, known as the âCHOICE Act,â radically reshaping how employers in the state can use noncompete and garden leave agreements with high-earning employees.
âď¸ Why it matters for business owners: If your business uses noncompete clauses to protect trade secrets or client lists, especially for executives or contractors, youâll need to overhaul your agreements by July 1, 2025. Otherwise, you risk having them deemed unenforceable.
đ§ Key context:
The law introduces two contract types:
Covered Garden Leave Agreements â These allow you to require employees to give up to four yearsâ notice before leaving, during which they continue to get paid, even if they stop working.
Covered Noncompete Agreements â These bar employees from joining a competitor for up to four years after termination, within a defined geography and job scope.
đĄ Important definitions: Only âcovered employeesâ â those earning more than twice the average wage in their county â are subject to these agreements. This excludes most hourly workers but includes execs, high-skill professionals, and some contractors.
đ What the law requires:
Advance notice: Employers must give the agreement to prospective hires at least 7 days before the job offer expires.
Fair compensation: Employees must be paid the same base salary and benefits during any notice or noncompete period â unless they commit gross misconduct.
Legal teeth: If a breach is alleged, courts must issue preliminary injunctions to stop employees from working elsewhere â unless the employee proves otherwise by clear and convincing evidence.
đź For employers, this means:
â You can still protect trade secrets and client relationships â but only with precise, legally defined contracts.
â Youâll need airtight documentation of salary, access to confidential data, and job duties.
â Legal battles could become more aggressive â courts must enforce these agreements strictly and presume the employerâs case is valid.
đ The bottom line: HB 1219 gives Florida employers powerful tools â but only if they play by the new rulebook. Sloppy or outdated agreements wonât cut it. If you havenât updated your employment contracts recently, nowâs the time to consult counsel.
đ Effective date: July 1, 2025. Start reviewing your templates now.
đŞ Go deeper: The National Law Review; Bloomberg (gift link)
2. đď¸ Trump DOL Freezes Bidenâs Tougher Independent Contractor Rule
đThe Big Picture: The Trump administrationâs Department of Labor has hit pause on enforcing the Biden-era rule that sharply restricted the classification of independent contractors. That rule, finalized in 2024, made it more difficult for businesses to label workers as independent contractors instead of employees â a move that had serious implications for the real estate, construction, and gig sectors.
đź Why It Matters to You: Real estate professionals â from agents and brokers to investors and general contractors â often are or rely on independent contractors for flexible, scalable labor. The paused rule threatened to disrupt that model by introducing stricter criteria under an expanded âeconomic realityâ test. The criteria examined how integral a worker is to the business, their control over their work, and the permanency of the relationship.
Workers classified as employees are entitled to benefits offered by the employer, and payroll tax deductions must be made and paid. Meanwhile, independent contractors donât receive benefits, and no taxes are withheld from their payments under their independent contractor agreements.
đď¸ Sector Impact:
Real estate agents and brokers acting as or using freelance agents or transaction coordinators faced risks of misclassification penalties.
Construction and development firms stood to lose operational agility by being forced to take on subcontractors as W-2 employees.
Title agents, mortgage brokers, and private lenders may have needed to reassess vendor relationships by reviewing independent contractor agreements.
Yes, but the rollback brings temporary relief: the Department of Labor says it is reassessing the 2024 rule, hinting that a new version may be coming. In the meantime, companies must use the earlier, more business-friendly Trump-era standard (Fact Sheet 13), though state-level rules still apply.
đ ď¸ What Theyâre Saying: Kristen Swearingen of Associated Builders and Contractors called the Biden rule âunworkable,â while the Independent Womenâs Forum applauded the pause as a win for flexible work arrangements, especially for women with caregiving duties.
â ď¸ The Bottom Line: For now, real estate entrepreneurs get breathing room â but not immunity. The rule still applies to private litigation, and state laws may be stricter. Review your contractor relationships now. Expect more changes ahead.
This week, we get back to back to basics in our Trust This: Tips and Tactics video series.
3. Catch up fast
New homes are getting smaller, but not small enough to help affordability. Cotality
Where âstarterâ homes cost at least $1 million. Axios
The homes that Americans are buying are the oldest average age ever. Redfin
The Fed is unlikely to cut rates in the foreseeable future in light of Aprilâs cooling inflation report. Redfin
U.S. median asking rent dropped last month to its lowest level in 14 months. Redfin
According to Zillow, price cuts hit a record as homes flood back into the market. Bigger Pockets
Zillowâs CEO sounds alarm on concerning housing market trend. The Street
Mapped: The income needed to buy a home in each U.S. state. Visual Capitalist
The rich flocked to Florida, and then the property taxes and insurance caught them by surprise. Fortune
HELOC balances increase by 27% over the past three years. Wolf Street
4. Closing Thought: Retirement Isnât an Identity CrisisâUnless You Let It Be
Caught (on camera) this wild turkey running down Colonial Drive by the office one evening last week. I think heâs trying to get a head start on escaping from Thanksgiving.
Many high-achieving real estate pros and entrepreneurs stumble when stepping back from the grind. The sudden loss of structure, status, and daily wins creates a vacuum that feels eerily like losing your purpose. But the real loss isnât purposeâitâs ego.
A career is a vocation, not an identity. Yet, for decades, many of us have tethered our self-worth to deals closed, assets managed, and success admired. Retirementâor even semi-retirementâcan strip away those external validations. The problem isnât the absence of work. Itâs the discomfort of not being needed.
Whatâs really happening: A recent BiggerPockets article gets to the heart of it: your ego builds an identity around productivity and influence. When the emails slow and the phone stops ringing, it feels like fading into irrelevance. But that feeling is egoâs panic ânot your soulâs truth.
What to do about it:
Reframe success. Instead of chasing the next deal, mentor someone chasing their first. Thatâs legacy.
Create, donât accumulate. Write, teach, or build something that gives back âwithout needing a closing date.
Detach with grace. Your purpose isnât tied to your portfolio. Itâs in how you show up for others, even after youâve âretired.â
The bottom line: Your business may be in your past, but your purpose isnât. Ego says, âWithout your title, youâre nothing.â Wisdom says, âWithout your title, youâre free.â
Your next chapter isnât about slowing down. Itâs about showing upâdifferently.
Seeking impartial news? Meet 1440.
Every day, 3.5 million readers turn to 1440 for their factual news. We sift through 100+ sources to bring you a complete summary of politics, global events, business, and culture, all in a brief 5-minute email. Enjoy an impartial news experience.
We hope you found this helpful â any feedback is appreciated and can be shared by hitting reply or using the feedback feature below.
Was this email forwarded to you? Subscribe here.
Have an idea or issue to share? Email us.
Connect with us using your preferred social media and website links for MyLandTrustee and Aspire Legal Solutions.
Our mailing address: PO Box 547945, Orlando, FL 32854-7945
Our physical address: 1901 West Colonial Drive, First Floor, Orlando, FL 32804
Be on the lookout for our next issue! đ
- Trust This.
- Posts
- Trust This: Florida's new non-compete bill
Trust This: Florida's new non-compete bill
and the feds' definition of "independent contractor" reverts
Joseph Seagle
May 16, 2025
Trust This.
By Joseph E. Seagle, Esq.
đ Happy Friday! Today is National đˇ Barbecue Day. Those of us in the South know that itâs not the same as National Cookout Day, because âBarbecueâ is a noun, and not a verb.
âď¸Situation Awareness: Iâll be speaking tomorrow at CFRIâs Wholesaling Academy about wholesaling contracts and assignments versus double-closings.
1 big thing: Floridaâs New Noncompete Law Rewrites the Rules for Employers
đ Whatâs happening: Floridaâs legislature has passed House Bill 1219, known as the âCHOICE Act,â radically reshaping how employers in the state can use noncompete and garden leave agreements with high-earning employees.
âď¸ Why it matters for business owners: If your business uses noncompete clauses to protect trade secrets or client lists, especially for executives or contractors, youâll need to overhaul your agreements by July 1, 2025. Otherwise, you risk having them deemed unenforceable.
đ§ Key context:
The law introduces two contract types:
Covered Garden Leave Agreements â These allow you to require employees to give up to four yearsâ notice before leaving, during which they continue to get paid, even if they stop working.
Covered Noncompete Agreements â These bar employees from joining a competitor for up to four years after termination, within a defined geography and job scope.
đĄ Important definitions: Only âcovered employeesâ â those earning more than twice the average wage in their county â are subject to these agreements. This excludes most hourly workers but includes execs, high-skill professionals, and some contractors.
đ What the law requires:
Advance notice: Employers must give the agreement to prospective hires at least 7 days before the job offer expires.
Fair compensation: Employees must be paid the same base salary and benefits during any notice or noncompete period â unless they commit gross misconduct.
Legal teeth: If a breach is alleged, courts must issue preliminary injunctions to stop employees from working elsewhere â unless the employee proves otherwise by clear and convincing evidence.
đź For employers, this means:
â You can still protect trade secrets and client relationships â but only with precise, legally defined contracts.
â Youâll need airtight documentation of salary, access to confidential data, and job duties.
â Legal battles could become more aggressive â courts must enforce these agreements strictly and presume the employerâs case is valid.
đ The bottom line: HB 1219 gives Florida employers powerful tools â but only if they play by the new rulebook. Sloppy or outdated agreements wonât cut it. If you havenât updated your employment contracts recently, nowâs the time to consult counsel.
đ Effective date: July 1, 2025. Start reviewing your templates now.
đŞ Go deeper: The National Law Review; Bloomberg (gift link)
2. đď¸ Trump DOL Freezes Bidenâs Tougher Independent Contractor Rule
đThe Big Picture: The Trump administrationâs Department of Labor has hit pause on enforcing the Biden-era rule that sharply restricted the classification of independent contractors. That rule, finalized in 2024, made it more difficult for businesses to label workers as independent contractors instead of employees â a move that had serious implications for the real estate, construction, and gig sectors.
đź Why It Matters to You: Real estate professionals â from agents and brokers to investors and general contractors â often are or rely on independent contractors for flexible, scalable labor. The paused rule threatened to disrupt that model by introducing stricter criteria under an expanded âeconomic realityâ test. The criteria examined how integral a worker is to the business, their control over their work, and the permanency of the relationship.
Workers classified as employees are entitled to benefits offered by the employer, and payroll tax deductions must be made and paid. Meanwhile, independent contractors donât receive benefits, and no taxes are withheld from their payments under their independent contractor agreements.
đď¸ Sector Impact:
Real estate agents and brokers acting as or using freelance agents or transaction coordinators faced risks of misclassification penalties.
Construction and development firms stood to lose operational agility by being forced to take on subcontractors as W-2 employees.
Title agents, mortgage brokers, and private lenders may have needed to reassess vendor relationships by reviewing independent contractor agreements.
Yes, but the rollback brings temporary relief: the Department of Labor says it is reassessing the 2024 rule, hinting that a new version may be coming. In the meantime, companies must use the earlier, more business-friendly Trump-era standard (Fact Sheet 13), though state-level rules still apply.
đ ď¸ What Theyâre Saying: Kristen Swearingen of Associated Builders and Contractors called the Biden rule âunworkable,â while the Independent Womenâs Forum applauded the pause as a win for flexible work arrangements, especially for women with caregiving duties.
â ď¸ The Bottom Line: For now, real estate entrepreneurs get breathing room â but not immunity. The rule still applies to private litigation, and state laws may be stricter. Review your contractor relationships now. Expect more changes ahead.
This week, we get back to back to basics in our Trust This: Tips and Tactics video series.
3. Catch up fast
New homes are getting smaller, but not small enough to help affordability. Cotality
Where âstarterâ homes cost at least $1 million. Axios
The homes that Americans are buying are the oldest average age ever. Redfin
The Fed is unlikely to cut rates in the foreseeable future in light of Aprilâs cooling inflation report. Redfin
U.S. median asking rent dropped last month to its lowest level in 14 months. Redfin
According to Zillow, price cuts hit a record as homes flood back into the market. Bigger Pockets
Zillowâs CEO sounds alarm on concerning housing market trend. The Street
Mapped: The income needed to buy a home in each U.S. state. Visual Capitalist
The rich flocked to Florida, and then the property taxes and insurance caught them by surprise. Fortune
HELOC balances increase by 27% over the past three years. Wolf Street
4. Closing Thought: Retirement Isnât an Identity CrisisâUnless You Let It Be
Caught (on camera) this wild turkey running down Colonial Drive by the office one evening last week. I think heâs trying to get a head start on escaping from Thanksgiving.
Many high-achieving real estate pros and entrepreneurs stumble when stepping back from the grind. The sudden loss of structure, status, and daily wins creates a vacuum that feels eerily like losing your purpose. But the real loss isnât purposeâitâs ego.
A career is a vocation, not an identity. Yet, for decades, many of us have tethered our self-worth to deals closed, assets managed, and success admired. Retirementâor even semi-retirementâcan strip away those external validations. The problem isnât the absence of work. Itâs the discomfort of not being needed.
Whatâs really happening: A recent BiggerPockets article gets to the heart of it: your ego builds an identity around productivity and influence. When the emails slow and the phone stops ringing, it feels like fading into irrelevance. But that feeling is egoâs panic ânot your soulâs truth.
What to do about it:
Reframe success. Instead of chasing the next deal, mentor someone chasing their first. Thatâs legacy.
Create, donât accumulate. Write, teach, or build something that gives back âwithout needing a closing date.
Detach with grace. Your purpose isnât tied to your portfolio. Itâs in how you show up for others, even after youâve âretired.â
The bottom line: Your business may be in your past, but your purpose isnât. Ego says, âWithout your title, youâre nothing.â Wisdom says, âWithout your title, youâre free.â
Your next chapter isnât about slowing down. Itâs about showing upâdifferently.
Seeking impartial news? Meet 1440.
Every day, 3.5 million readers turn to 1440 for their factual news. We sift through 100+ sources to bring you a complete summary of politics, global events, business, and culture, all in a brief 5-minute email. Enjoy an impartial news experience.
We hope you found this helpful â any feedback is appreciated and can be shared by hitting reply or using the feedback feature below.
Was this email forwarded to you? Subscribe here.
Have an idea or issue to share? Email us.
Connect with us using your preferred social media and website links for MyLandTrustee and Aspire Legal Solutions.
Our mailing address: PO Box 547945, Orlando, FL 32854-7945
Our physical address: 1901 West Colonial Drive, First Floor, Orlando, FL 32804
Be on the lookout for our next issue! đ
- Trust This.
- Posts
- Trust This: Florida's new non-compete bill
Trust This: Florida's new non-compete bill
and the feds' definition of "independent contractor" reverts
Joseph Seagle
May 16, 2025
Trust This.
By Joseph E. Seagle, Esq.
đ Happy Friday! Today is National đˇ Barbecue Day. Those of us in the South know that itâs not the same as National Cookout Day, because âBarbecueâ is a noun, and not a verb.
âď¸Situation Awareness: Iâll be speaking tomorrow at CFRIâs Wholesaling Academy about wholesaling contracts and assignments versus double-closings.
1 big thing: Floridaâs New Noncompete Law Rewrites the Rules for Employers
đ Whatâs happening: Floridaâs legislature has passed House Bill 1219, known as the âCHOICE Act,â radically reshaping how employers in the state can use noncompete and garden leave agreements with high-earning employees.
âď¸ Why it matters for business owners: If your business uses noncompete clauses to protect trade secrets or client lists, especially for executives or contractors, youâll need to overhaul your agreements by July 1, 2025. Otherwise, you risk having them deemed unenforceable.
đ§ Key context:
The law introduces two contract types:
Covered Garden Leave Agreements â These allow you to require employees to give up to four yearsâ notice before leaving, during which they continue to get paid, even if they stop working.
Covered Noncompete Agreements â These bar employees from joining a competitor for up to four years after termination, within a defined geography and job scope.
đĄ Important definitions: Only âcovered employeesâ â those earning more than twice the average wage in their county â are subject to these agreements. This excludes most hourly workers but includes execs, high-skill professionals, and some contractors.
đ What the law requires:
Advance notice: Employers must give the agreement to prospective hires at least 7 days before the job offer expires.
Fair compensation: Employees must be paid the same base salary and benefits during any notice or noncompete period â unless they commit gross misconduct.
Legal teeth: If a breach is alleged, courts must issue preliminary injunctions to stop employees from working elsewhere â unless the employee proves otherwise by clear and convincing evidence.
đź For employers, this means:
â You can still protect trade secrets and client relationships â but only with precise, legally defined contracts.
â Youâll need airtight documentation of salary, access to confidential data, and job duties.
â Legal battles could become more aggressive â courts must enforce these agreements strictly and presume the employerâs case is valid.
đ The bottom line: HB 1219 gives Florida employers powerful tools â but only if they play by the new rulebook. Sloppy or outdated agreements wonât cut it. If you havenât updated your employment contracts recently, nowâs the time to consult counsel.
đ Effective date: July 1, 2025. Start reviewing your templates now.
đŞ Go deeper: The National Law Review; Bloomberg (gift link)
2. đď¸ Trump DOL Freezes Bidenâs Tougher Independent Contractor Rule
đThe Big Picture: The Trump administrationâs Department of Labor has hit pause on enforcing the Biden-era rule that sharply restricted the classification of independent contractors. That rule, finalized in 2024, made it more difficult for businesses to label workers as independent contractors instead of employees â a move that had serious implications for the real estate, construction, and gig sectors.
đź Why It Matters to You: Real estate professionals â from agents and brokers to investors and general contractors â often are or rely on independent contractors for flexible, scalable labor. The paused rule threatened to disrupt that model by introducing stricter criteria under an expanded âeconomic realityâ test. The criteria examined how integral a worker is to the business, their control over their work, and the permanency of the relationship.
Workers classified as employees are entitled to benefits offered by the employer, and payroll tax deductions must be made and paid. Meanwhile, independent contractors donât receive benefits, and no taxes are withheld from their payments under their independent contractor agreements.
đď¸ Sector Impact:
Real estate agents and brokers acting as or using freelance agents or transaction coordinators faced risks of misclassification penalties.
Construction and development firms stood to lose operational agility by being forced to take on subcontractors as W-2 employees.
Title agents, mortgage brokers, and private lenders may have needed to reassess vendor relationships by reviewing independent contractor agreements.
Yes, but the rollback brings temporary relief: the Department of Labor says it is reassessing the 2024 rule, hinting that a new version may be coming. In the meantime, companies must use the earlier, more business-friendly Trump-era standard (Fact Sheet 13), though state-level rules still apply.
đ ď¸ What Theyâre Saying: Kristen Swearingen of Associated Builders and Contractors called the Biden rule âunworkable,â while the Independent Womenâs Forum applauded the pause as a win for flexible work arrangements, especially for women with caregiving duties.
â ď¸ The Bottom Line: For now, real estate entrepreneurs get breathing room â but not immunity. The rule still applies to private litigation, and state laws may be stricter. Review your contractor relationships now. Expect more changes ahead.
This week, we get back to back to basics in our Trust This: Tips and Tactics video series.
3. Catch up fast
New homes are getting smaller, but not small enough to help affordability. Cotality
Where âstarterâ homes cost at least $1 million. Axios
The homes that Americans are buying are the oldest average age ever. Redfin
The Fed is unlikely to cut rates in the foreseeable future in light of Aprilâs cooling inflation report. Redfin
U.S. median asking rent dropped last month to its lowest level in 14 months. Redfin
According to Zillow, price cuts hit a record as homes flood back into the market. Bigger Pockets
Zillowâs CEO sounds alarm on concerning housing market trend. The Street
Mapped: The income needed to buy a home in each U.S. state. Visual Capitalist
The rich flocked to Florida, and then the property taxes and insurance caught them by surprise. Fortune
HELOC balances increase by 27% over the past three years. Wolf Street
4. Closing Thought: Retirement Isnât an Identity CrisisâUnless You Let It Be
Caught (on camera) this wild turkey running down Colonial Drive by the office one evening last week. I think heâs trying to get a head start on escaping from Thanksgiving.
Many high-achieving real estate pros and entrepreneurs stumble when stepping back from the grind. The sudden loss of structure, status, and daily wins creates a vacuum that feels eerily like losing your purpose. But the real loss isnât purposeâitâs ego.
A career is a vocation, not an identity. Yet, for decades, many of us have tethered our self-worth to deals closed, assets managed, and success admired. Retirementâor even semi-retirementâcan strip away those external validations. The problem isnât the absence of work. Itâs the discomfort of not being needed.
Whatâs really happening: A recent BiggerPockets article gets to the heart of it: your ego builds an identity around productivity and influence. When the emails slow and the phone stops ringing, it feels like fading into irrelevance. But that feeling is egoâs panic ânot your soulâs truth.
What to do about it:
Reframe success. Instead of chasing the next deal, mentor someone chasing their first. Thatâs legacy.
Create, donât accumulate. Write, teach, or build something that gives back âwithout needing a closing date.
Detach with grace. Your purpose isnât tied to your portfolio. Itâs in how you show up for others, even after youâve âretired.â
The bottom line: Your business may be in your past, but your purpose isnât. Ego says, âWithout your title, youâre nothing.â Wisdom says, âWithout your title, youâre free.â
Your next chapter isnât about slowing down. Itâs about showing upâdifferently.
Seeking impartial news? Meet 1440.
Every day, 3.5 million readers turn to 1440 for their factual news. We sift through 100+ sources to bring you a complete summary of politics, global events, business, and culture, all in a brief 5-minute email. Enjoy an impartial news experience.
We hope you found this helpful â any feedback is appreciated and can be shared by hitting reply or using the feedback feature below.
Was this email forwarded to you? Subscribe here.
Have an idea or issue to share? Email us.
Connect with us using your preferred social media and website links for MyLandTrustee and Aspire Legal Solutions.
Our mailing address: PO Box 547945, Orlando, FL 32854-7945
Our physical address: 1901 West Colonial Drive, First Floor, Orlando, FL 32804
Be on the lookout for our next issue! đ