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Not All Is Lost for California Employers: Enforce Non-Compete Forfeiture Provisions Through ERISA Top Hat Plans?
Seyfarth Shaw 
June 7, 2019
"[It] may be possible for employers to enforce non-competition forfeiture provisions by including them in deferred compensation top hat plans subject to [ERISA].... This may represent a paradigm shift for employers operating in California; the potential loss of deferred compensation by key employees might meaningfully deter employees from competing, or at least make the choice to compete more difficult. On the other hand, a forfeiture provision may not be enough to change employee behavior or assure the safety of trade secrets and other confidential information."
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