Non-compete enforceability by state

Whether a non-compete can be enforced generally depends on the state. In California, post-employment non-competes are generally void. In Massachusetts and Washington, they are generally enforceable only when strict statutory conditions are met. In Texas, they are generally enforceable when reasonable in time, geography, and scope.

Every state at a glance

4 states have a guide so far. Each of those rows sums up what that state’s guide says. The others are marked “Guide coming.”

Non-compete enforceability by state: one row for each of the 50 states and the District of Columbia
State	Status	The rule	Key limits	Guide
Alabama	Guide coming
Alaska	Guide coming
Arizona	Guide coming
Arkansas	Guide coming
California	Generally void	Post-employment non-competes are generally void, including ones signed in another state.	Most customer non-solicitation agreements are generally void too An employer that tries to enforce a void non-compete can owe damages and attorney's fees Trade secret protection still applies	California guide
Colorado	Guide coming
Connecticut	Guide coming
Delaware	Guide coming
District of Columbia	Guide coming
Florida	Guide coming
Georgia	Guide coming
Hawaii	Guide coming
Idaho	Guide coming
Illinois	Guide coming
Indiana	Guide coming
Iowa	Guide coming
Kansas	Guide coming
Kentucky	Guide coming
Louisiana	Guide coming
Maine	Guide coming
Maryland	Guide coming
Massachusetts	Restricted by statute	Generally enforceable only when the agreement meets the 2018 Noncompetition Agreement Act, including garden-leave pay or other agreed consideration.	Garden-leave pay of at least 50% of your highest base salary, or other specifically identified consideration Generally capped at 12 months Not enforceable against non-exempt workers, or workers laid off or fired without cause Signed before the start date or with 10 business days' notice	Massachusetts guide
Michigan	Guide coming
Minnesota	Guide coming
Mississippi	Guide coming
Missouri	Guide coming
Montana	Guide coming
Nebraska	Guide coming
Nevada	Guide coming
New Hampshire	Guide coming
New Jersey	Guide coming
New Mexico	Guide coming
New York	Guide coming
North Carolina	Guide coming
North Dakota	Guide coming
Ohio	Guide coming
Oklahoma	Guide coming
Oregon	Guide coming
Pennsylvania	Guide coming
Rhode Island	Guide coming
South Carolina	Guide coming
South Dakota	Guide coming
Tennessee	Guide coming
Texas	Enforceable if reasonable	Generally enforceable if tied to an otherwise enforceable agreement and reasonable in time, geography, and scope; courts can narrow an overly broad clause.	Has to be supported by more than continued at-will employment, such as confidential information or training Courts have typically treated 6 months to 2 years as reasonable Physicians have specific statutory protections	Texas guide
Utah	Guide coming
Vermont	Guide coming
Virginia	Guide coming
Washington	Restricted by statute	Generally void below an annually adjusted income threshold; above it, enforceable only when the statute's disclosure and other requirements are met.	Disclosed in writing no later than the time of the job offer Longer than 18 months is presumed unreasonable After a layoff, enforceable only if the employer pays your base salary during the restricted period An employer that tries to enforce a void non-compete can owe a statutory penalty plus attorney's fees	Washington guide
West Virginia	Guide coming
Wisconsin	Guide coming
Wyoming	Guide coming

Sources

Each row cites what its state guide relies on. The guide has the detail and the current wording.

California: Cal. Bus. & Prof. Code § 16600 (opens in a new tab)
Cal. Bus. & Prof. Code § 16600.5 (SB 699) (opens in a new tab)
AB 1076 (2024)
Massachusetts: M.G.L. c. 149 § 24L (Massachusetts Noncompetition Agreement Act) (opens in a new tab)
Texas: Tex. Bus. & Com. Code § 15.50 (opens in a new tab)
Tex. Bus. & Com. Code § 15.51
Texas Workforce Commission, Texas Guidebook for Employers: non-competition agreements (opens in a new tab)
Washington: RCW 49.62 (Noncompetition Covenants) (opens in a new tab)
RCW 49.62.020 (opens in a new tab)
RCW 49.62.080
Washington State Department of Labor & Industries, Non-Compete Agreements (opens in a new tab)

Frequently asked questions

Are non-competes enforceable?

It depends on the state. In California, post-employment non-competes are generally void. In Massachusetts and Washington, they are generally enforceable only when strict statutory conditions are met. In Texas, they are generally enforceable when reasonable in time, geography, and scope.

Can a non-compete signed in another state be enforced in California?

Generally no. Under SB 699 and AB 1076, a non-compete is generally unenforceable against a California employee even if it was signed in another state.

Does being laid off change whether a non-compete applies?

In some states. In Massachusetts, the 2018 Noncompetition Agreement Act generally does not allow enforcement against workers who are laid off or fired without cause. In Washington, a non-compete is generally enforceable after a layoff only if the employer pays your base salary during the restricted period.

Are customer non-solicitation agreements treated the same way?

Not always. California generally treats most customer non-solicits as void too. In Massachusetts, they generally fall outside the 2018 Noncompetition Agreement Act, and in Washington outside the income-threshold rule; either way they are typically judged on common-law reasonableness instead.