Skip to main content

Near-total ban (2027)

Non-compete enforceability in Washington

Pre-2027-06-30: threshold-based — void for employees earning ≤ ~$120K (annually indexed). Effective June 30, 2027 (HB 1155): near-total invalidation.

What this means for you

Washington is transitioning to a near-total ban (effective June 30, 2027). Until that date a threshold regime applies; after it, most non-competes become void by statute.

Doctrine

Blue-pencil discretionary. Courts may strike specific over-broad terms but the practice varies — over-broad covenants drafted in bad faith are often refused enforcement entirely.

Salary / wage threshold

$120,559

2024 value

Pre-2027 threshold: covenants void unless employee earnings (annualized) exceed the indexed threshold. 2024 published value $120,559; independent contractor threshold = 2× employee value. 2025/2026 indexed values not verified — flag as ESTIMATE.

Garden leave / consideration

Garden-leave-style pay required ONLY if non-compete is enforced after a layoff (RCW 49.62.020(1)(b)) — base salary minus comp from new work.

Gotchas

  • Effective date for the 2026 expansion is June 30, 2027, NOT January 1, 2027.
  • Pre-2027 threshold values are indexed annually by L&I — current-year values must be re-verified.

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 Washington's state law controls. Read the federal status.

Run the 6-input test for your Washington situation

Your salary, industry, duration, and where you signed all move the verdict. Apply the actual decision tree — nothing leaves your browser.

Run the decoder

We use Google Analytics to understand which state pages and decoder paths are most useful. We never log your specific salary, industry, or contract inputs. Read our privacy policy.