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D.C.'s Non-Compete Law Poised To Be Delayed Until October 1, 2022. Update Mayor Bowser signed the amendment on March 28, 2022, officially pushing back the Act's applicable date to October 1, 2022.
Passed in January 2021, and effective as of March 2021, Washington D.C. passed the Ban on Non-Compete Agreements Amendment Act of 2020, one of the broadest in the country. The new law bans non-compete clauses for the majority of employees and applies both during and after a worker's employment.
You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.
Many Non-Competes are unenforceable because they restrict competition across too broad of a territory. Non-Competes usually describe a restricted area in which the employee cannot compete.
Sometimes referred to as non-involvement clauses, non-compete clauses are valid and enforceable as long as there are reasonable limitations as to time, trade, and place.
After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.
Non-solicitation clauses that are clear, carefully drafted, and suitably retrained in temporal and spatial terms, are often enforceable. An appropriate clause will serve the purpose of protecting the employer without unduly compromising a person's ability to work in their industry.
I agree that during the Non-Compete Period, I will not directly or indirectly (i) induce or attempt to induce any employee, contractor or agent of any of the Companies to terminate his/her relationship with any of the Companies, (ii) in any way materially interfere with the relationship between any of the Companies and
By Janet A. In California, North Dakota, the District of Columbia, and Oklahoma, non-competes are either entirely or largely unenforceable as against public policy. Other states, including Maine, Maryland, New Hampshire, Rhode Island, and Washington, have banned non-compete agreements for low-wage workers.
In the meantime, D.C. employers are not prohibited from entering into or enforcing noncompete agreements with new or existing employees. Absent an intervening change in the legislation's text, the act will spare agreements containing noncompete provisions that have been entered into before the new applicability date.