New 50-state noncompete chart updated for 2024
We just updated our 50-State Noncompete Chart again.
This update does the following:
- covers recent developments;
- adds the penalties and fines in the seven states with them (California, Colorado, Illinois, Maine, Nevada, Virginia, Washington), in the two states where there is an argument for them (Oregon and Wisconsin),1 and Washington, D.C.;
- updates the wage thresholds for use of noncompetes, including impact on in-term noncompetes (anti-moonlighting provisions); and
- adds additional details for various states.
Our chart — which was the first of its kind and has been updated regularly since 2010 — has now been updated to reflect this case and is, accordingly, fully up to date through February 19, 2024. We will continue to update the chart as additional significant developments arise across the country.
Additional firm resources:
We know how hard it is to keep up with the ever-changing requirements around the country. To help, we have created the following resources (available for free):
- 50-State Noncompete Law Chart, the first of its kind and regularly updated (downloadable PDF);
- Chart of Noncompete “Low-Wage” Thresholds and Criteria (downloadable);
- Notice requirements summary chart, providing details for each of the 8 states (plus D.C.) that has notice requirements related to noncompetes (downloadable PDF);
- 50-State and Federal Trade Secret Law Chart, providing a comparison of the trade secrets laws nationally to the Uniform Trade Secrets Act (downloadable PDF).
- “Changing Trade Secrets | Noncompete Laws” (dedicated blog page) now provides a current detailed summary of the changing landscape of trade secret laws and noncompete laws around the country, state by state and at the federal level;
- Trade secret and other legitimate business interest protection plan strategy and checklist; and
- Ten Minute Trade Secret Training Series, currently with three training videos and one “basics” video:
We hope you find all of these resources useful. More are coming.
And please note that we are grateful for all of the input we’ve received over the years, and welcome any suggestions for improvements that you may be willing to share.
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*A huge thank you to Erika Hahn for all of her extraordinary help in tracking and monitoring all of the bills around the country and helping me make sure that all of our resources are current and accurate.
[1] In addition to the states that have obvious fines and penalties, there is an argument, brought to my attention by an article written by John FitzGerald, Larry Perlman, and summer associate Kitty Young of my former firm, Foley & Lardner, that Oregon and Wisconsin have them too. Because the penalties exist at least in theory, I have added them to the chart.
Separately, Minnesota added attorneys’ fees, injunctive relieve, and other remedies in its statute for a violation. This was added too, though technically not a penalty.