District of Columbia Clauses Relating to Venture Opportunities, competition
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FAQ
As of October 1, 2022, a new District law makes it illegal for employers to impose noncompete clauses and policies (noncompetes) on many District employees.
The law is retroactive. Noncompetition agreements entered into before 2020 must comply with the new law. If an employer has an unlawful covenant drafted prior to Jan. 1, 2020, the employer will be subject to penalties if they attempt to enforce the unlawful covenant against the employee after 1, 2020.
Often, they're included in an initial offer of employment; in Washington, non-compete clauses aren't valid after initial employment unless you're given ?independent consideration.? Typically, that means a raise or non-monetary compensation like stock options.
Four states?California, Minnesota, North Dakota and Oklahoma?have banned noncompete agreements entirely, and many other states have enacted restrictions, such as setting a compensation threshold or requiring advance notice.
Thus, the non-compete agreements you negotiate with your employees and/or independent contractors will survive a sale or merger and the company acquiring your business will be able to enforce the terms and conditions of those agreements.
Often, they're included in an initial offer of employment; in Washington, non-compete clauses aren't valid after initial employment unless you're given ?independent consideration.? Typically, that means a raise or non-monetary compensation like stock options.
Prohibition on non-compete provisions for covered employees. "(a)(1) Beginning October 1, 2022, no employer may require or request that a covered employee sign an agreement or comply with a workplace policy that includes a non-compete provision.
Enforceability. Covenants not to compete are disfavored in Maryland and are strictly construed against the employer. For a non-compete agreement to be enforceable, it must be necessary to protect the employer's legitimate business interests and cannot impose undue hardship on the employee.