Non-Compete Enforceability Checker: Is Your Non-Compete Valid?
Whether your non-compete is enforceable depends on your state. Four states (CA, MN, ND, OK) void nearly all employee non-competes. Six use income thresholds — void below, reasonable-scope required above. Texas and Florida enforce reasonable covenants — Florida’s 2025 CHOICE Act enforces up to 4 years against high earners. Enter your details below to see how your state applies to your facts.
Select a state and geographic scope to see the verdict. Income and duration refine the analysis for reasonableness-regime states.
Non-compete rules by state (2026)
| State | Regime | Income threshold | Max reasonable duration | Healthcare protections | Statute |
|---|---|---|---|---|---|
| California | Ban | — | — | Yes | Cal. Bus. & Prof. Code § 16600, § 16600.5 |
| Minnesota | Ban | — | — | Yes | Minn. Stat. § 181.988 |
| North Dakota | Ban | — | — | Yes | N.D. Cent. Code § 9-08-06 |
| Oklahoma | Ban | — | — | Yes | Okla. Stat. tit. 15 § 219A |
| Washington | Income threshold | ~$126,859 | 18 months | No / general reasonableness | RCW 49.62 |
| Colorado | Income threshold | ~$130,014 | — | Yes | Colo. Rev. Stat. § 8-2-113 |
| Illinois | Income threshold | ~$75,000 | — | No / general reasonableness | 820 ILCS 90 (Freedom to Work Act) |
| Oregon | Income threshold | ~$119,541 | 12 months | No / general reasonableness | Or. Rev. Stat. § 653.295 |
| Virginia | Income threshold | ~$78,364 | — | No / general reasonableness | Va. Code § 40.1-28.7:8 |
| District of Columbia | Income threshold | ~$162,164 | — | No / general reasonableness | D.C. Code § 32-581.01 et seq. |
| Texas | Reasonableness | — | 24 months | No / general reasonableness | Tex. Bus. & Com. Code § 15.50–.52 |
| Florida | Reasonableness | — | 24 months | No / general reasonableness | Fla. Stat. § 542.335; CHOICE Act § 542.41–.45 (2025) |
Is my non-compete enforceable in California?
California voids virtually all employee non-competes; an employer generally cannot enforce one regardless of how the terms are written.
Note: Strengthened by AB 1076 and SB 699 (2024): voids covenants regardless of where signed, requires employee notice, and creates a private right of action with penalties.
Statute: Cal. Bus. & Prof. Code § 16600, § 16600.5
Is my non-compete enforceable in Minnesota?
Minnesota bans new employee non-competes signed on or after July 1, 2023.
Note: Agreements signed before July 1, 2023 may still be governed by prior common law.
Statute: Minn. Stat. § 181.988
Is my non-compete enforceable in North Dakota?
North Dakota voids employee non-competes by statute, with narrow exceptions such as the sale of a business.
Statute: N.D. Cent. Code § 9-08-06
Is my non-compete enforceable in Oklahoma?
Oklahoma voids employee non-competes but permits narrower customer non-solicitation restrictions.
Statute: Okla. Stat. tit. 15 § 219A
Is my non-compete enforceable in Washington?
Washington voids non-competes for employees earning under ~$126,859 (2026). Above that they must be reasonable, and terms over 18 months are presumptively invalid. A near-total ban arrives in mid-2027.
Threshold detail: Adjusts annually for inflation; independent contractors have a separate, higher threshold (~$317,147 in 2026).
Coming change: A near-total ban takes effect June 30, 2027, voiding most non-competes regardless of income.
Statute: RCW 49.62
Is my non-compete enforceable in Colorado?
Colorado only allows non-competes for highly compensated workers earning at least ~$130,014 (2026), and they must protect trade secrets and be no broader than needed.
Threshold detail: Highly-compensated-worker threshold, adjusts annually; non-solicits use a lower bar (~$78,008).
Note: Amendments effective Aug. 6, 2025 added protections for physicians, PAs, dentists, and nurses.
Statute: Colo. Rev. Stat. § 8-2-113
Is my non-compete enforceable in Illinois?
Illinois voids non-competes for employees earning $75,000 or less. Above that, the covenant must protect a legitimate business interest and be reasonable.
Threshold detail: Rises on a set schedule ($80k in 2027 and upward thereafter).
Statute: 820 ILCS 90 (Freedom to Work Act)
Is my non-compete enforceable in Oregon?
Oregon voids non-competes for employees earning under ~$119,541 (2026), caps enforceable ones at 12 months, and requires written notice at least two weeks before the start date.
Threshold detail: Adjusts annually.
Statute: Or. Rev. Stat. § 653.295
Is my non-compete enforceable in Virginia?
Virginia bans non-competes for low-wage employees (under ~$1,507/week in 2026) and anyone owed FLSA overtime.
Threshold detail: "Low-wage" = under ~$1,507/week (2026); also void for anyone entitled to FLSA overtime regardless of pay.
Note: Effective July 1, 2026, enforceable only where the employer did not provide severance.
Statute: Va. Code § 40.1-28.7:8
Is my non-compete enforceable in District of Columbia?
D.C. only permits non-competes for employees earning at least ~$162,164 (2026), with additional scope and duration limits.
Threshold detail: One of the highest thresholds in the country; medical specialists have a separate higher bar (~$270,274 in 2026).
Statute: D.C. Code § 32-581.01 et seq.
Is my non-compete enforceable in Texas?
Texas enforces non-competes that are ancillary to an otherwise enforceable agreement and reasonable in time, geography, and scope. Courts reform overbroad terms rather than void them. Physician non-competes must include a buyout option.
Note: No fixed durational cap; 1–3 years is commonly upheld when justified by the role.
Statute: Tex. Bus. & Com. Code § 15.50–.52
Is my non-compete enforceable in Florida?
Florida is among the most employer-friendly states. Standard non-competes up to 2 years are presumed reasonable. The 2025 CHOICE Act lets employers enforce covenants up to 4 years, with no geographic limit, against high earners (over twice the county mean wage), with courts required to grant injunctions.
Note: CHOICE Act took effect July 1, 2025 and excludes licensed healthcare practitioners, who fall back to § 542.335.
Statute: Fla. Stat. § 542.335; CHOICE Act § 542.41–.45 (2025)
Frequently asked questions
Are non-competes still enforceable in 2026?
It depends on your state and often your income. Four states — California, Minnesota, North Dakota, and Oklahoma — void nearly all employee non-competes by statute. Six others (Washington, Colorado, Illinois, Oregon, Virginia, and D.C.) void them below specific income thresholds and require reasonableness above the threshold. Texas and Florida remain among the most employer-friendly states, enforcing reasonable covenants — Florida's 2025 CHOICE Act enforces up to 4 years against high earners. The FTC's proposed federal ban was struck down by a federal court in 2024 and never took effect.
Which states ban non-competes?
Four states ban employee non-competes almost entirely: California (Cal. Bus. & Prof. Code § 16600, strengthened by AB 1076 and SB 699), Minnesota (Minn. Stat. § 181.988, for agreements signed on or after July 1, 2023), North Dakota (N.D. Cent. Code § 9-08-06), and Oklahoma (Okla. Stat. tit. 15 § 219A). Six others (WA, CO, IL, OR, VA, DC) void them below specific income thresholds. Washington has a near-total ban scheduled to take effect June 30, 2027.
What makes a non-compete unenforceable?
The main factors are: (1) your state bans them outright or by income threshold; (2) the duration is longer than courts here treat as reasonable (typically over 1–2 years); (3) the geographic scope is broader than needed to protect a legitimate business interest; (4) you received no extra consideration beyond continued employment; or (5) the employer failed a state-specific notice requirement. Healthcare-worker protections apply in California, Minnesota, North Dakota, Oklahoma, and Colorado. Even in enforcement-friendly states like Texas, courts can reform overbroad terms rather than enforce them as written.
Did the FTC ban non-competes?
No. The FTC's Non-Compete Rule (proposed and finalized in 2024) was struck down by the U.S. District Court for the Northern District of Texas in August 2024 and never took effect nationally. The FTC's appeal remains pending in the Fifth Circuit. State law continues to govern non-compete enforceability, which is why the state-by-state framework applies today.
Related coverage
- Non-compete enforceability, state-by-state — Halstonberg’s full analysis of the post-FTC-ban landscape and how state law now controls.
- Whatever happened to the FTC non-compete ban? — the 2024 court decision, the pending Fifth Circuit appeal, and what employers and employees should assume.
- Severance agreement negotiation — how the non-compete clause interacts with the release of claims when you leave a job.
- Employment law pillar — wrongful termination, retaliation, discrimination, and the full picture of worker rights.
This tool provides general information about non-compete enforceability based on current state statutes at time of authoring. It is not legal advice, does not create an attorney–client relationship, and is not a substitute for a licensed attorney in your jurisdiction. Non-compete enforceability turns on specific facts, exact contract language, tolling and choice-of-law rules, and recent legislative or judicial changes that can materially change the analysis. Consult an employment attorney before relying on any verdict shown here.