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On September 1, 2023, California Governor Gavin Newsom signed Senate Bill (SB) 699 into law, prohibiting employers from entering into or attempting to enforce noncompete agreements, which are void under state law. The law is set to go into effect on January 1, 2024.
In Washington, the amendment process must begin in the state legislature. Once an amendment has passed with a two-thirds majority in both the House and Senate, the people of the state must vote in favor of it. You can read more about this process in Article XXIII, Section 1 of the Washington State Constitution.
The Washington State Department of Labor & Industries adjusts the threshold annually to account for inflation. ing to its website, the 2023 threshold for employees is $116,593.18.
In January, the Federal Trade Commission proposed a rule that would ban most non-competes in the U.S. The rule was not immediately binding, and the FTC gave the general public 60 days to comment. Nine months later, the FTC still has not issued any final rule or signaled when it will do so.
Noncompetes in Washington Each minimum compensation threshold is adjusted annually for inflation. (The current thresholds for 2023 are $116,593.18 for employees and $291,482.95 for independent contractors.)
(1) Substantial changes in the scope of work specified in the contract or which are substantial additions to the scope of work specified in the formal solicitation document shall be submitted to the commission for a determination as to whether the change warrants the work to be awarded as a new contract.
Only employees or independent contractors who earn more than the thresholds established by law can be held to non-competition agreements. If an employee or independent contractor has earnings less than the threshold specified under law, the non-compete agreements is considered void and unenforceable under RCW 49.62.
Often, they're included in an initial offer of employment; in Washington, non-compete clauses aren't valid after initial employment unless you're given ?independent consideration.? Typically, that means a raise or non-monetary compensation like stock options.