Competition Noncompetition For 2023 In Virginia
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FAQ
§ 40.1-28.. Effective July 1, 2025, the statute will prohibit employers from entering into non-compete agreements with employees classified as non-exempt under the Fair Labor Standards Act (FLSA).
Yes, but it's rare. Most non compete agreements don't hold up under legal challenge, as a company cannot keep you from employment in your specialty. The only ones that hold up are VERY narrow in their focus, pertaining to highly confidential materials/intellectual property.
In Virginia, non-compete agreements are enforceable if an employer can show: the restriction is “no greater than is necessary to protect the employer's legitimate business interest”; the agreement is not excessively severe or oppressive in restricting the employee's ability to find another job or make an income; and.
In 2025, that amount is $1,463.10 per week (which equates to an annual salary of $76,081).
Chapter 2 – How to Beat Your Virginia Non-Compete Get a copy of the agreement. Have an attorney review the agreement. Don't plan your new business at work! ... Do not advertise your new business until you know your non-compete agreement is not an issue. Be Honest. Seek legal action to determine validity of the agreement.
In 2024, this increased to $1,410 per week. Thus, in 2024, an employer cannot enter into (or enforce or threaten to enforce previously entered into) covenants not to compete with employees who make less than $1,410 per week or $73,320 annually.
A Virginia Standard Clause limiting an employee's solicitation of employees and customers during the term of the employee's employment and for a specified period after the employment relationship ends. It is intended for use by private employers.
As a reminder, Virginia is one of eleven states (along with Washington, D.C.) that imposes restrictions on the use of non-compete agreements for so-called “low wage employees.” Effective now in 2025, the salary threshold defining a “low wage employee” in Virginia has increased from $73,320 to $76,081 annually.
