Washington Clauses Relating to Venture Opportunities, competition
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FAQ
The law is retroactive. Noncompetition agreements entered into before 2020 must comply with the new law. If an employer has an unlawful covenant drafted prior to Jan. 1, 2020, the employer will be subject to penalties if they attempt to enforce the unlawful covenant against the employee after 1, 2020.
compete clause is a contractual term between an employer and a worker that blocks the worker from working for a competing employer, or starting a competing business, typically within a certain geographic area and period of time after the worker's employment ends.
Four states?California, Minnesota, North Dakota and Oklahoma?have banned noncompete agreements entirely, and many other states have enacted restrictions, such as setting a compensation threshold or requiring advance notice.
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.
Washington's non-compete statute, RCW 49.62. 020, originally established an income threshold of $100,000. 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.
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 ...
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.
Freedom to moonlight: The new law also affects so-called moonlighting policies, allowing any employee who makes less than twice the minimum wage to hold other jobs, unless the extra work would sap all of their energy or pose a danger to themselves or the public.