Trade Secrets & Employee Mobility

Washington State is making a few important amendments to its existing noncompete statute.  The amendments go into effect on June 6, 2024.

Back on January 1, 2020, Washington state enacted a noncompete statute that set limits on the use of noncompetition agreements, including the following:

• Non-competition provisions for workers who earn less than certain annual thresholds: (currently $120,559.99 for employees and $301,399.98 for independent contractors) are unenforceable.
• Non-competes exceeding 18 months are unenforceable.
• Excluded from the definition of ...

The D.C. Council (the “Council”) is poised to further postpone the Ban on Non-Compete Agreements Amendment Act of 2020 (D.C. Act 23-563) (the “Act”). On March 1, 2022, Councilmember Elissa Silverman introduced emergency legislation (B24-0683) that would push back the Act’s applicability date from April 1 to October 1, 2022. Councilmember Silverman simultaneously introduced and the D.C. Council adopted an emergency declaration resolution (PR24-0603) allowing the measure to proceed directly to Mayor Muriel Bowser’s desk for signing after a single reading.