*CORRECTED (February 13, 2023)*
Last July (2022), we provided the list of states that made changes to their noncompete laws over the past decade or so. D.C. is officially effective.*
So, below, in reverse chronological order based on the effective date, is a summary description of each change in each state, with a link to a more in-depth description.
- Washington, D.C. made sweeping changes to its noncompete law (October 1, 2022)
- Colorado made sweeping changes to its noncompete law (August 10, 2022)
- Illinois imposed limits on noncompetes for nurses and certified nurse aides (July 1, 2022)
- Iowa imposed limits on noncompetes for healthcare employment agency workers (July 1, 2022)
- Kentucky imposed limits on noncompetes for direct care staff of healthcare service agencies (April 8, 2022)
- Kentucky prohibited professional employer organizations from interfering with noncompetes (March 29, 2022)
- Colorado updated its misdemeanor law, impacting noncompetes (March 1, 2022)
- Illinois made sweeping changes to its noncompete laws (January 1, 2022)
- Oregon established a new low-wage threshold, made agreements that violated the statute void (instead of voidable), and shortened the maximum duration to one year (January 1, 2022)
- Nevada banned noncompetes for hourly workers (October 1, 2021)
- South Dakota banned noncompetes for physicians, physician assistants, certified nurse practitioners, certified nurse midwives, certified registered nurse anesthetists, registered nurses, licensed practical nurses (July 1, 2021)
- Louisiana allowed the use of noncompetes to prohibit shareholders, partners, LLC members, franchisees, and franchise employees from competing, even if they are just employees – i.e., not owners – of the competitor (August 1, 2020).
- Virginia banned noncompetes for low-wage workers and required certain notices (July 1, 2020)
- Indiana imposed limits on noncompetes for physicians (July 1, 2020)
- Rhode Island banned noncompetes for low-wage workers (January 15, 2020)
- Washington made sweeping changes to its noncompete law (January 1, 2020)
- Oregon required employers to provide employees with a signed copy of their noncompete within 30 days after termination of employment (January 1, 2020)
- Maryland banned noncompetes for low-wage workers (October 1, 2019)
- Maine banned noncompetes for low-wage workers, required advance notice for a noncompete, imposed a six-month minimum period of employment, imposed a $5,000 per violation fine (September 18, 2019)
- New Hampshire banned noncompetes for low-wage workers (September 8, 2019)
- Florida banned noncompetes for specialist physicians in certain underserved communities (June 26, 2019)
- Connecticut banned noncompetes for individuals providing homemaker, companion, or home health services (June 19, 2019)
- Utah changed the maximum term for noncompetes in the broadcasting industry (May 14, 2019)
- North Dakota modified its prohibition of employee noncompete to permit noncompetes in connection with the sale of limited liability companies and corporations (March 28, 2019)
- Massachusetts made sweeping changes to its noncompete law (October 1, 2018)
- Utah banned noncompetes for low-wage workers in the broadcast industry (May 8, 2018)
- Idaho removed the presumption that had been added in 2016 (March 28, 2018)
- Oregon banned noncompetes for home care and personal support workers (January 1, 2018)
- West Virginia limited physician noncompetes to one year and thirty miles and thirty miles and not enforceable if employment terminated by employer (July 1, 2017)
- Nevada adopted a brand new noncompete law (June 3, 2017)
- California adopted choice of forum and choice of law requirements (January 1, 2017)
- Illinois banned noncompetes for low-wage workers (January 1, 2017)
- New Hampshire banned physician noncompetes (August 5, 2016)
- Rhode Island banned physician noncompetes (July 12, 2016)
- Connecticut banned physician noncompetes (July 1, 2016)
- Utah limited noncompetes to one year (May 10, 2016)
- Idaho added a presumption of irreparable harm if a key employee breached their noncompete (March 30, 2016)
- Alabama adopted a new noncompete statute that included a presumption that a two-year noncompete is reasonable and requires mandatory judicial reformation (January 1, 2016)
- Oregon shortened the maximum duration of a noncompete to 18 months (January 1, 2016)
- New Mexico banned employee noncompetes for dentists, physicians, podiatrists, osteopathic physicians, and certified registered nurses (July 1, 2015)
- Arkansas made sweeping changes to its noncompete statute (August 6, 2015)
- Hawaii banned noncompetes for technology workers (July 1, 2015)
- Tennessee removed a ban on noncompetes for physicians who had been working for the employer for six years of more (January 1, 2012)
- Georgia amended its noncompete law — and constitution — to permit courts to modify overly broad noncompete agreements (May 11, 2011)
If you didn’t count, that’s 44 changes in 29 states, plus D.C. — almost 60 percent of all states.
If you think that’s a lot, note that it does not include changes made by judges, like the recent Wyoming Supreme Court’s decision in Hassler v. Circle C Resources (changing the approach to overly broad noncompetes from reformation to red pencil), the Texas Supreme Court’s December 2011 (substituted) decision in Marsh USA, Inc. v. Cook, which fundamentally altered the consideration requirement in Texas, or any of the many other decisions that have significantly impacted the particular state’s noncompete laws.
All of these changes are reflected in our 50-state noncompete chart, which is updated on a continual basis, as the laws change. And, for an alphabetical list and what is happening at the federal level, see our Changing Trade Secrets | Noncompete Laws page.
*Correction: The Indiana bill I thought had progressed to conclusion, has not – it only progressed through the state senate.
*A huge thank you to Erika Hahn for all of her extraordinary help in tracking and monitoring all of the bills of the past decade-plus!