Employment Discrimination Sample With Non Compete Clause In Washington
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FAQ
In order for an employee non-compete agreement to be valid and enforceable in Washington in 2025, an employee must earn at least $123,394.17 per year from the employer seeking to enforce the non-compete.
Are Any Washington State Non-Competes Still Enforceable? Yes, but only for an employee or independent contractor whose annual income exceeds the current year's earnings thresholds of $101,390.00 and $253,475.00 respectively.
Washington has restricted noncompete agreements since 2020 by prohibiting their use unless the following apply: The worker earns more than a minimum compensation amount, which is adjusted annually. For 2024, the threshold is $120,559.99 for employees and $301,399.98 for independent contractors.
Covenant Not to Compete. You agree that at no time during the term of your employment with the Company will you engage in any business activity which is competitive with the Company nor work for any company which competes with the Company.
Washington has restricted noncompete agreements since 2020 by prohibiting their use unless the following apply: The worker earns more than a minimum compensation amount, which is adjusted annually. For 2024, the threshold is $120,559.99 for employees and $301,399.98 for independent contractors.
The amendments now address this—beginning June 6, 2024, the definition of what constitutes a non-competition covenant under the statute will be expanded to include any agreement that “directly or indirectly prohibits the acceptance or transaction of business with a customer.”
On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being published in the Federal Register (Effective Date).
The Washington state has a three-factor test that helps determine whether a non-compete clause is enforceable or not. It examines the clause's scope, the time frame in which it is enforceable, and the interests protected by the clause.
Are Any Washington State Non-Competes Still Enforceable? Yes, but only for an employee or independent contractor whose annual income exceeds the current year's earnings thresholds of $101,390.00 and $253,475.00 respectively.
Generally, the three part test for reasonableness of a covenant not to compete asked (1) whether the restraint is necessary to protect the employer's business or goodwill, (2) whether it imposes on the employee any greater restraint than is reasonably necessary to secure the employer's business or goodwill, and (3) ...
