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Analyze Your Non-Compete FreeAre Non-Competes Enforceable? It Depends on Your State.
Non-compete enforceability varies dramatically across the US. Some states ban them outright. Others enforce them aggressively. Here is what the law says in every state that matters.
States That Ban Non-Competes
These states have effectively outlawed non-compete agreements for most employees. If you work in one of these states, your non-compete is likely unenforceable — regardless of what you signed.
California
Business & Professions Code §16600 voids non-competes almost entirely. Employers cannot restrict where you work after you leave, period. Even if you signed one, even if the contract says it is governed by another state's law, California courts typically refuse to enforce it for California residents. This is the strongest employee protection in the country.
Minnesota
Banned non-competes effective July 1, 2023. Applies to agreements signed after that date. Existing non-competes signed before July 2023 may still be enforceable.
Oklahoma
Title 15 §219A prohibits non-competes. Limited exceptions exist for the sale of a business.
North Dakota
Century Code §9-08-06 voids non-competes. Limited exceptions for the sale of a business or dissolution of a partnership.
States That Heavily Restrict Non-Competes
These states allow non-competes but impose significant restrictions — income thresholds, mandatory garden leave, or narrow enforceability standards.
Massachusetts
The Massachusetts Noncompetition Agreement Act (2018) limits non-competes to 12 months, requires garden leave pay or other mutually agreed consideration, bans non-competes for hourly workers and employees terminated without cause, and mandates 10 business days to review before signing. One of the most employee-friendly enforcement states outside of outright bans.
Washington
Non-competes are void unless the employee earns above $116,593/year (adjusted annually). Independent contractors must earn above $291,483/year. Duration limited to 18 months. Employer must disclose the terms by the earlier of acceptance of the offer or 10 business days before start date.
Colorado
Since 2022, non-competes are void unless the employee earns above $123,750/year (adjusted annually). Non-solicitation agreements are restricted to employees earning above $74,250/year. Employer must notify the worker in a separate document and give 14 days to review. Criminal penalties for employers who violate these rules.
Illinois
Non-competes are unenforceable for employees earning under $75,000/year (rising to $90,000 by 2037). Non-solicitation agreements are unenforceable for employees earning under $45,000/year. Requires 14 days to review and advises the employee to consult an attorney.
Oregon
Non-competes limited to 12 months, restricted to employees in professional/management/administrative roles earning above $113,241/year. Must be signed at hire (or upon a bona fide advancement). Employer must provide a signed copy within 30 days.
States That Generally Enforce Non-Competes
These states enforce non-competes if they meet a "reasonableness" standard — but what counts as reasonable varies.
Texas
Enforces non-competes that are "ancillary to an otherwise enforceable agreement" (usually the employment agreement itself) and reasonable in scope, geography, and duration. Texas courts have the authority to reform overly broad non-competes — they will narrow the terms rather than throw them out entirely. This makes Texas relatively employer-friendly.
Florida
Florida Statute §542.335 creates a presumption that non-competes are valid. Courts assume restrictions of 6 months or less are reasonable and restrictions over 2 years are unreasonable. The burden is on the employee to prove unreasonableness. One of the most employer-friendly states for non-compete enforcement.
Georgia
A 2011 constitutional amendment gave Georgia courts blue-pencil authority to modify overly broad non-competes. Courts will enforce non-competes if they protect legitimate business interests and are reasonable in time, geography, and scope of restricted activities. Generally employer-friendly.
New York
Enforces non-competes if they are necessary to protect legitimate business interests (trade secrets, customer relationships, unique services), not overly burdensome to the employee, and not harmful to the public. New York courts can blue-pencil overly broad terms. A non-compete ban bill has been introduced multiple times but has not yet passed.
Pennsylvania
Enforces non-competes if they are supported by adequate consideration (continued employment alone may be sufficient for existing employees), reasonable in duration and geographic scope, and necessary to protect legitimate business interests. Pennsylvania courts have broad authority to modify overly restrictive non-competes.
What Courts Look At When Enforcing a Non-Compete
Even in states that enforce non-competes, courts evaluate several factors before upholding them:
Duration. 6-12 months is usually considered reasonable. 24+ months is often considered excessive except for senior executives or sale-of-business situations.
Geographic scope. Must be limited to areas where you actually worked or the company does business. "Worldwide" or "United States" restrictions are often struck down for rank-and-file employees.
Activity restrictions. Must be narrowly tailored to the specific work you did, not a blanket ban on working in the entire industry.
Consideration. You must have received something in exchange for signing — a job, a raise, a bonus, stock options. In some states, continued employment alone is not sufficient consideration.
Hardship on the employee. Courts weigh whether enforcement would prevent you from earning a livelihood in your field.
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This guide is for informational purposes only and does not constitute legal advice. Non-compete law changes frequently — state legislatures and courts regularly modify enforcement standards. The information here reflects laws as of early 2025. Consult a qualified employment attorney in your state for advice on your specific situation.