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Statutory ban

Non-compete enforceability in California

Almost all post-employment non-competes are void by statute. Choice-of-law clauses are disregarded.

What this means for you

California is an absolute-ban state: post-employment non-competes are void by statute for most workers — regardless of salary, industry, or how "reasonable" the clause looks. The narrow exceptions are typically sale-of-business and partnership-dissolution covenants.

Doctrine

Red-pencil statutory void. Courts treat over-broad non-competes as void in their entirety — no judicial reformation is permitted.

Choice-of-law warning

§ 16600.5(a) makes any contract void under this chapter unenforceable regardless of where or when it was signed. AB-1076 + SB-699 (2024) codified extraterritorial reach.

Cal. Bus. & Prof. Code § 16600.5

Gotchas

  • Extraterritorial reach: a non-compete signed in TX for a CA-resident employee is unenforceable in CA — even if the contract specifies TX law.
  • Sale-of-business carve-out (§16601) and partnership-dissolution carve-out (§16602) are the narrow exceptions.
  • Trade-secret protection survives — §16600 voids the non-compete, not the underlying NDA or trade-secret remedy.

Federal context

The FTC's 2024 federal non-compete ban was vacated nationwide in Ryan v. FTC and removed from the Code of Federal Regulations in February 2026. There is no federal ban in force — so California's state law controls. Read the federal status.

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