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compete agreement is only used between an employee and a business to specify who may hire them should they leave the company. An NDA is much broader and is used to protect any personal or businessrelated information that one or both parties want to remain confidential.
The Act is not retroactive. Employers do not need to amend any current non-compete agreements with covered employees. However, employers should consult with legal counsel before amending an existing agreement with a non-compete, to evaluate whether the amendment could subject the agreement to the Act.
The D.C. Non-Compete Clarification Amendment Act of 2022 amends the Ban on Non-Compete Agreements Amendment Act of 2020 "to clarify which provisions in workplace policies or employment agreements will not violate the law's restrictions on the use of non-compete provisions and agreements."
NON-COMPETITION CLAUSE The parties agree that during the term of employment and for a period of up to 12 months after the expiry of the agreed notice period (such 12-month period referred to as the "Restricted Period"), the Executive shall not be entitled to be employed by, directly or indirectly offer services to, ...
"Sec. 102. Prohibition on non-compete provisions for covered employees. "(a)(1) Beginning October 1, 2022, no employer may require or request that a covered employee sign an agreement or comply with a workplace policy that includes a non-compete provision.
However, under a Washington law passed in 2019, which took effect on January 1, 2020, noncompetition agreements can be enforced only against employees who earn $100,000 or more based on an employee's income reported in Box 1 of Internal Revenue Service (IRS) Form W-2 and independent contractors earning more than ...
The FTC is seeking to ban non-competes on the basis that they constitute ?unfair methods of competition.? But the FTC Act limits the FTC's authority to address unfair competition more than other areas, and there is significant authority refuting an argument that non-competes categorically constitute unfair competition.
As of October 1, 2022, a new District law makes it illegal for employers to impose noncompete clauses and policies (noncompetes) on many District employees.