If an employer seeks to enforce a non-compete agreement, healthcare non-compete agreement, nondisclosure clause, or nonsolicitation agreement through arbitration or by filing a civil action and it is determined that the non-compete agreement, healthcare non-compete agreement, nondisclosure clause, or nonsolicitation agreement is unenforceable, the employer is liable for the employee's:

1. (1) costs associated with arbitration;
2. (2) attorney fees and court costs; and
3. (3) actual damages.

Amended by Chapter 341, 2026 General Session