District of Columbia Noncompete Agreement: What's Included and Enforceability

Quick Facts — Noncompete Agreement Lawyers

Is a Non-Compete Agreement Enforceable in the District of Columbia?

In Washington DC, non-compete agreements are heavily restricted and are only enforced under certain circumstances for certain employees. The Non-Compete Clarification Amendment Act of 2022 lays out which employees are covered and what type of activity can be restricted.

The amended act completely bans non-compete agreements for “covered employees”. A covered employee meets the following criteria:

  • Not a highly compensated
  • Spends more than 50% of their work time in DC
  • The employment for the employer is based in DC

Non-competes are enforceable for the following employees:

  • Highly compensated employees ($150,000 or more annual salary)
  • Casual babysitters
  • Partners in a partnership
  • DC and federal government employees

Even if a non-compete agreement can be legally implemented, it still needs to meet certain requirements to be enforceable. The agreement must be reasonable and protect a legitimate business interest.

How Long Does a District of Columbia Non-Compete Agreement Last?

Enforceable non-compete agreements, like those executed when selling a business, generally last for two years. Contracts that have a duration of more than two years may be ruled unreasonable by the courts.

How Do You Get Around a Non-Compete Agreement in the District of Columbia?

Non-compete agreements in the District of Columbia are heavily restricted so it is not difficult to get around this agreement. One way is to become a covered employee either by salary or percentage of time working in DC. Non-compete agreements are completely banned for covered employees.

Another way to get around a non-compete agreement is to prove that the agreement is unreasonable or does not cover a legitimate business interest.

What Voids a Non-Compete Agreement in the District of Columbia?

In the District of Columbia, any non-compete agreement entered into after the amended act was passed on October 1, 2022 that violates the amended act will be void and unenforceable.

Frequently Asked Questions

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Alton H. on ContractsCounsel
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Alton H.

Attorney
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Washington, DC
12 Yrs Experience
Licensed in DC NJ, NY, VA
The George Washington University Law School

I am a U.S.-licensed attorney with more than a decade of experience in complex litigation and intellectual property matters. I have practiced at leading Am Law firms including Pillsbury Winthrop Shaw Pittman, Arent Fox, and Sughrue Mion, and I currently operate my own law practice. I have extensive experience handling high-stakes patent litigation, drafting pleadings and briefs, managing large-scale discovery, preparing and defending depositions, and appearing before federal courts and administrative bodies such as the PTAB and ITC. I hold a J.D., cum laude, from The George Washington University Law School and advanced technical degrees in chemistry and chemical engineering, which allow me to efficiently handle technically complex matters. I am admitted in multiple jurisdictions, including New York, Virginia, New Jersey, and the District of Columbia, and I regularly provide high-quality remote legal support to clients nationwide.

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Jehan C.

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Experience business, estate and intellectual property attorney ready to serve entrepreneurs and creatives in all 50 state and those that have wills and estate planning needs in the District of Columbia.

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Chloe S.

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Chloe was born in Texas and graduated from the University of Houston, where she earned a Bachelor of Science in Political Science. Following undergrad Chloe relocated to the D.C. area where she worked as a special education teacher before attending law school at Howard University School of Law where she received her J.D. and Georgetown Law Center where she received an L.L.M. in taxation.

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Parsa G.

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I’m a licensed attorney with a J.D. and a strong background in reviewing, negotiating, and drafting a wide range of commercial agreements, especially in the context of international trade and cross-border transactions. I’ve reviewed hundreds of sales contracts, and have experience drafting and negotiating international sale of goods agreements, distribution agreements, supplier/manufacturer contracts, licensing agreements, and service-level agreements (SLAs). My focus is on helping clients reduce risk and protect their interests through clear, enforceable contract language. I also advise on key international elements like Incoterms, dispute resolution mechanisms (including ICC arbitration), payment structuring, governing law, and IP protections. Whether you need a custom agreement, a contract review with redlines, or support structuring a cross-border deal, I bring both precision and practicality to every engagement.

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Sean D.

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After 15+ years at leading firms in Silicon Valley, Boston, and DC, I started Supernova Law to partner with the clients who inspire me most—start-ups, mission-driven companies, B-Corps, and non-profits. My goal is simple: provide accessible, affordable, high-quality legal support to innovators creating positive change for our society. At Supernova Law, your vision and values come first.

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Lawyer Reviews for District of Columbia Noncompete Agreement Projects

NDA

5.0

"Quick efficient and helped me understand everything"

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Employment

Noncompete Agreement

Connecticut

Asked on Aug 1, 2023

Noncompete agreement and change of control?

I recently accepted a new position with a company that has requested that I sign a noncompete agreement. I understand the agreement and the limitations it puts on me, but I am concerned about how the agreement would be affected if the company is sold or changes ownership in the future. I would like to understand my legal rights in the event of a change of control.

Thomas L.

Answered Aug 4, 2023

If the future company buys the equity of your current employer, the Non-Compete continues in effect. If the future company buys the assets, the Non-Compete is terminated. I would request a sentence be added to the effect that "if there is a change of control of the Company (meaning more than 50% of the equity interest or 50% of the voting equity control) is sold or transferred, then this Non-Compete Agreement is terminated.

Read 1 attorney answer>

Employee Rights

Noncompete Agreement

Florida

Asked on Jun 29, 2023

Noncompete agreement geographic scope?

I recently left my job of five years and have been offered a new position with a competitor. The new employer has asked me to sign a noncompete agreement. I am concerned about the geographic scope of the agreement and need to understand what areas it would cover, and if it would prevent me from taking a position with a competitor in another state or country.

Daniel D.

Answered Jul 25, 2023

The Courts use a reasonableness standard determine if a non-compete is reasonable in time and geographic scope. It would be necessary to see the non-compete to tell you what it says, the areas it would cover and if it would prevent you from taking another position.

Read 1 attorney answer>

Employment

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Asked on Jul 11, 2023

Noncompete agreement termination options?

I recently left my job after signing a Noncompete Agreement. I am looking for a new job, but I am concerned about the restrictions in the Noncompete Agreement and how it might affect my ability to find a new job. I am looking for advice on my options for terminating or modifying the Noncompete Agreement so that I can find a new job without having to worry about any potential legal repercussions.

Merry K.

Answered Aug 15, 2023

I am a WA State employment attorney. If you didn’t receive anything in return for signing the non-compete, it may be relatively easy to get out of it. If, however, you signed in return for something, such as a severance package, it will be challenging to get out of the agreement. However, many non-compete agreements are written overly broadly and may not be enforceable under the laws of WA and other states. You may want to consult with a WA State employment attorney for a review of the documents and law(s) of the state(s) where you may want to work or set up a business. (A WA State attorney can only provide legal advice in WA, but can help you find applicable law/case decisions for other states but without providing anything beyond information, much like a law librarian).

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Employment

Noncompete Agreement

Missouri

Asked on Dec 12, 2023

Could someone go to jail if they are accused of fraud for never intending to not breaching his or her non compete non solicit contract?

I am really curious when employment contract can become criminal. Is it criminal to ask you coworker to come work with you, considering if you are accused of fraud for breaching non compete non solicit?

Matthew S.

Answered Dec 16, 2023

No, this at worst is a civil matter and not a criminal matter. F

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Employment

Noncompete Agreement

Washington

Asked on Jul 25, 2023

Noncompete agreement and public policy?

I recently accepted a job offer with a new employer who asked me to sign a noncompete agreement. I am concerned that the agreement may not be in line with public policy and wanted to get a professional opinion from a lawyer to make sure I am not putting myself in a difficult situation.

Merry K.

Answered Aug 8, 2023

If you are in Washington State, where I'm licensed, as opposed to D.C., please let me know what kind of help you are looking for - have you already signed the agreement? I've been a WA State attorney for nearly 38 years, and specialize in employment law.

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