Washington Non Compete Law: Is Yours Enforceable? — Best Proven Guide (2026)

Washington non compete law restricts non competes by statute: washington voids a non compete unless the worker earns more than an inflation-adjusted threshold ($126,858.83 for employees in 2026, $317,147.09 for independent contractors), the terms were disclosed before the offer was accepted, and the term is 18 months or less — and under 2026 HB 1155 nearly all non competes become void on June 30,

2027 regardless of when they were signed.

This guide gives the exact Washington non compete law rule with the date we verified it, the threshold and carve-outs where they exist, what a court does with an overbroad term, and what to do if you signed one. Rules verified against the statute on 2026-10-08; confirm the current rule with Washington Department of Labor and Industries, Employment Standards or an attorney before you rely on it.

Is a Non Compete Enforceable Under Washington Non Compete Law?

Washington voids a non compete unless the worker earns more than an inflation-adjusted threshold ($126,858.83 for employees in 2026, $317,147.09 for independent contractors), the terms were disclosed before the offer was accepted, and the term is 18 months or less — and under 2026 HB 1155 nearly all non competes become void on June 30, 2027 regardless of when they were signed. The statute is Wash. Rev. Code 49.62.

The carve-outs matter: workers below the threshold; terms over 18 months presumed unreasonable; a laid-off worker is released unless paid base salary through the restriction; sale-of-business covenants survive; from June 30, 2027 only narrowly drawn non solicits (18 months) and sale-of-business covenants remain.

Washington Non Compete Law at a Glance

Rules verified against the statute on 2026-10-08; confirm the current rule with Washington Department of Labor and Industries, Employment Standards or an attorney before you rely on it. The statute row is where to check it yourself.

The Reasonableness Test Under Washington Non Compete Law

Washington courts generally ask three questions. First, does the restriction protect a real business interest of the employer, such as client goodwill or confidential information? Second, is it broader than needed in how long it lasts, where it applies and what work it blocks? Third, does it put too much hardship on the worker or harm the public?

A clause that fails one of these can be struck down or narrowed.

Under state law a non compete longer than 18 months is presumed unreasonable, and the employer must overcome that with clear and convincing evidence. Courts have more often upheld restrictions of 1 year or less that cover only the worker’s actual clients or market area, and have rejected statewide or open-ended bans on all work in an industry.

With an overbroad term the court will void below the threshold; if a court must narrow an overbroad covenant the worker recovers at least $5,000 plus attorney fees (RCW 49.62.080).

Washington Non Compete Law If You Were Fired or Laid Off

If you lost your job in a layoff, your non compete is void unless the employer pays your base salary for the whole restricted period, minus anything you earn at a new job (RCW 49.62.020). That pay requirement does not apply if you quit or were fired for reasons other than a layoff, so check how your separation was recorded.

What the Employer Must Give Under Washington Non Compete Law

Terms disclosed in writing before the offer is accepted; new consideration for a current employee; garden-leave pay if enforced after a layoff If you signed after you had already started the job, the employer must have given you something new of value in return, such as a raise, bonus or promotion (RCW 49.62.020). Under Washington Supreme Court precedent, simply keeping your job generally does not count.

Non Solicit and Non Disclosure Agreements Under Washington Non Compete Law

Washington law treats agreements not to solicit current customers or coworkers, and confidentiality agreements, as separate from non competes (RCW 49.62.010). Courts generally enforce these more readily because they limit specific conduct rather than your ability to work in your field.

If You Already Signed One: Washington Non Compete Law in Practice

Find your signed copy and read the length, the area covered, the type of work blocked, and whether it applies to how you left. If it is unclear, you can ask your former employer in writing for a release or a letter saying it will not enforce the clause, and share that with your new employer.

Before you turn down an offer, consider having an employment lawyer review the agreement, since many Washington clauses are void or only partly enforceable.

An employer with a valid agreement can ask a court for an injunction to stop the competing work, and for damages, plus attorney fees if the contract allows them. If the worker wins instead, Washington law lets the worker recover actual damages or a 5000 statutory penalty plus attorney fees. The same applies if a court has to rewrite the clause before enforcing it (RCW 49.62.080).

The Federal Rule and Washington Non Compete Law

The Federal Trade Commission adopted a nationwide non compete ban in 2024, but a federal court blocked it before it took effect and the FTC later withdrew its defense; as of October 2026 there is no federal ban in force, so Washington non compete law controls.

In 2026, Governor Ferguson signed ESHB 1155 on March 23, which rewrites Washington’s non compete law starting June 30, 2027, including agreements signed before that date. Employers must send written notice to affected current and former workers by October 1, 2027.

Other Washington Non Compete Law Rules to Know

A Washington-based worker cannot be forced to bring or defend a non compete case outside Washington, or be denied the protection of Washington law. Any contract term that tries to do this is void (RCW 49.62.050).

Frequently Asked Questions

Are non competes enforceable in Washington?

Sometimes. Washington voids a non compete unless the worker earns more than an inflation-adjusted threshold ($126,858.83 for employees in 2026, $317,147.09 for independent contractors), the terms were disclosed before the offer was accepted, and the term is 18 months or less — and under 2026 HB 1155 nearly all non competes become void on June 30, 2027 regardless of when they were signed.

Is there an income threshold under Washington non compete law?

$126,858.83 a year for employees and $317,147.09 for independent contractors in 2026, adjusted every January by the Department of Labor and Industries (RCW 49.62.040)

What does a Washington court do with an overbroad non compete?

Void below the threshold; if a court must narrow an overbroad covenant the worker recovers at least $5,000 plus attorney fees (RCW 49.62.080).

Can my employer enforce a non compete in Washington after firing me?

If you lost your job in a layoff, your non compete is void unless the employer pays your base salary for the whole restricted period, minus anything you earn at a new job (RCW 49.62.020).

I signed a non compete in Washington and have a new offer — what should I do?

Find your signed copy and read the length, the area covered, the type of work blocked, and whether it applies to how you left. If it is unclear, you can ask your former employer in writing for a release or a letter saying it will not enforce the clause, and share that with your new employer.

Official Washington Sources & Resources

• Washington Department of Labor and Industries, Employment Standards: https://lni.wa.gov/workers-rights/wages/getting-paid/
• Washington non compete statute (Wash. Rev. Code 49.62): https://app.leg.wa.gov/RCW/default.aspx?cite=49.62
• Verified source: https://lni.wa.gov/workers-rights/workplace-policies/Non-Compete-Agreements
• Verified source: https://lawfilestestext.leg.wa.gov/LawTest/RCWPDF/RCW%20%2049%20%20TITLE/RCW%20%2049%20.%2062%20%20CHAPTER/RCW%20%2049%20.%2062%20.020.pdf
• U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
• Federal Trade Commission — the non compete rule (status): ftc.gov
• Washington bar lawyer referral: https://www.wsba.org/for-the-public/find-legal-help

This Washington non compete law guide was last verified against official Washington sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.

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• Washington Final Paycheck Law: Deadlines and Penalties
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• Washington Labor Laws: Every Rule in One Place
• Unemployment and Workplace Rights Guides for All 50 States

Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.