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Non-Compete Agreement Checker by State

Last updated: 2026-03-31

Check whether a non-compete agreement is enforceable in your state. Select your state and agreement details to see enforceability status, income thresholds, duration limits, and recent legislation changes. Free, no signup required.

Check Non-Compete Enforceability

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⛔California: Generally Banned

Non-competes are void and unenforceable. AB 1076 (2020) codified existing case law. SB 699 (2024) further prohibits enforcement of out-of-state non-competes on CA workers.

Potential Issues with Your Non-Compete

  • •Non-compete agreements are generally void and unenforceable in this state.

California Non-Compete Details

Maximum DurationN/A — banned
Geographic ScopeN/A — banned
Consideration RequiredN/A — banned
Recent LegislationSB 699 (2024): Employers cannot enforce out-of-state non-competes against CA employees. AB 1076 (2020): Codified Business & Professions Code § 16600.

Key Enforceability Factors

  • •Non-competes are void under Bus. & Prof. Code § 16600
  • •Employers cannot require employees to sign non-competes
  • •Out-of-state non-competes unenforceable for CA workers

Exceptions

  • •Sale of a business (non-competes in connection with sale are enforceable)
  • •Dissolution of a partnership
  • •Dissolution of an LLC
Disclaimer: This tool provides general information about non-compete enforceability and is not legal advice. Non-compete law is complex and fact-specific. Laws change frequently. Always consult a licensed attorney in the relevant state before entering into, enforcing, or challenging a non-compete agreement.

Understanding Non-Compete Enforceability

Non-compete enforceability varies dramatically by state. Some states (California, Minnesota, North Dakota, Oklahoma) ban most employment non-competes entirely. Others enforce them with significant restrictions such as income thresholds, maximum durations, or mandatory garden leave pay.

The national trend is toward more restrictions. Since 2018, Massachusetts, Washington, Oregon, Illinois, Colorado, Virginia, and Maryland have all enacted new laws limiting non-competes. The FTC has also proposed federal rules that would further restrict their use.

Whether you're an employer drafting a non-compete or an employee evaluating one you've been asked to sign, understanding your state's rules is the first step. This tool provides general guidance — always consult an attorney for your specific situation. Maintained by Ran Chen, an Enrolled Agent and Certified Financial Planner.

Frequently Asked Questions

What is a non-compete agreement?
A non-compete agreement (also called a non-compete clause, covenant not to compete, or CNC) is a contract in which an employee or contractor agrees not to work for a competitor or start a competing business for a specified time after leaving their employer. They are designed to protect an employer's trade secrets, customer relationships, and competitive advantages.
Which states ban non-competes?
As of 2026, California, Minnesota, North Dakota, and Oklahoma generally ban employment non-competes. Several other states (Colorado, Illinois, Oregon, Washington, Massachusetts, Virginia, Maryland) have significant restrictions including income thresholds, duration limits, or notice requirements. The trend is toward more restrictions.
Is this non-compete checker really free?
Yes, 100% free with no signup or email required. This tool provides general information about non-compete enforceability by state. It is not legal advice — always consult an attorney for your specific situation.
Can my employer enforce a non-compete from another state?
It depends. If you live in California and your employer is in Texas, California courts will generally not enforce the non-compete under California law (especially after SB 699 in 2024). Choice-of-law clauses may attempt to apply another state's law, but courts often apply the law of the employee's state of employment. This is a complex area — consult an attorney.
What makes a non-compete 'reasonable'?
Courts generally assess four factors: (1) Duration — typically 6 months to 2 years; (2) Geographic scope — must be limited to the employer's actual market; (3) Scope of restricted activities — must be narrowly defined; (4) Consideration — there must be adequate consideration (a job, raise, bonus, or access to trade secrets). A non-compete that fails on any factor may be partially or fully unenforceable.
What is 'consideration' and why does it matter?
Consideration is something of value exchanged for signing the non-compete. For new employees, the job itself is usually sufficient consideration. For existing employees, most states require additional consideration — a raise, bonus, promotion, stock options, or access to confidential information. A non-compete without adequate consideration is unenforceable in most states.
What is a 'blue pencil' state?
In 'blue pencil' states (like Texas, Georgia, Florida, Ohio), courts can modify an overbroad non-compete to make it reasonable rather than voiding it entirely. For example, a court might reduce a 5-year restriction to 1 year. In non-blue-pencil states, an overbroad non-compete may be void entirely.
Are non-competes different for independent contractors?
In most states, non-competes for independent contractors are harder to enforce because the employer has less control over the relationship. Washington state has a much higher income threshold for contractors ($291,485 vs. $116,594 for employees). Some states don't enforce non-competes for contractors at all.

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