Are Non-Competes Enforceable in District of Columbia?
Last updated: 2026-10-07 · Verified against the statutes 2026-10-07
Pay threshold / worker limits
Void unless pay is $162,164+ (2026); max 365 days
D.C. bans non-competes for covered employees earning less than $162,164 in 2026 ($270,274 for medical specialists); the amounts rise each January with inflation. For employees above the threshold, the agreement must be in writing, spell out the functional scope and geography, last no more than 365 days (730 for medical specialists), be given at least 14 days in advance and include a statutory notice. Broadcast employees can never be bound. Seller-of-business covenants and confidentiality and conflict-of-interest rules are not covered.
Check a non-compete
Answer a few questions; the result cites the statute behind each point. Rules verified 2026-10-07. Saved only in your browser.
Thresholds are measured differently by state (salary, cash compensation, W-2 box 1).
Allowed only with strict limits
District of Columbia allows this non-compete only if it meets the statute's conditions — check each item below.
- District of Columbia: Void unless pay is $162,164+ (2026); max 365 days. D.C. Code 32-581.01 et seq.
- Enter annual earnings — District of Columbia voids non-competes below $162,164. $162,164 in total compensation for 2026 ($270,274 for medical specialists); adjusted each January 1 by the Washington-area CPI-U DOES public notice: 2026 Ban on Non-Compete Clauses
- Duration: 365 calendar days after separation (730 days for medical specialists). D.C. Code 32-581.01 et seq.
Other District of Columbia rules to check
- Notice and timing: The non-compete must be given in writing at least 14 days before employment starts (or 14 days before a current employee must sign), and the employer must give the statutory notice telling the employee they have been classified as highly compensated. Employers with policies using the law's exceptions must give employees a written copy.
- If a court finds it too broad: No settled rule we could confirm.
- Penalties: Administrative penalties of $350-$1,000 per violation (at least $1,000 for retaliation). Employees may recover $500-$1,000 per violation for an unlawful non-compete, at least $1,500 for an attempt to enforce a void one (at least $3,000 for repeat violations), and $1,000-$2,500 for retaliation.
General information, not legal advice. Enforceability also depends on the exact wording, the employer's legitimate interest and the facts; talk to an employment lawyer before relying on it.
District of Columbia non-compete rules
- Employee pay threshold
- $162,164 $162,164 in total compensation for 2026 ($270,274 for medical specialists); adjusted each January 1 by the Washington-area CPI-U
- Duration
- 365 calendar days after separation (730 days for medical specialists)
- Notice and timing
- The non-compete must be given in writing at least 14 days before employment starts (or 14 days before a current employee must sign), and the employer must give the statutory notice telling the employee they have been classified as highly compensated. Employers with policies using the law's exceptions must give employees a written copy.
- Overbroad covenants
- No settled rule we could confirm
- Penalties
- Administrative penalties of $350-$1,000 per violation (at least $1,000 for retaliation). Employees may recover $500-$1,000 per violation for an unlawful non-compete, at least $1,500 for an attempt to enforce a void one (at least $3,000 for repeat violations), and $1,000-$2,500 for retaliation.
Profession-specific rules
- LimitedMedical specialists (licensed physicians who perform clinical work) earning at least $270,274 in 2026 may sign non-competes of up to 730 days; those earning less are covered by the ban. DOES public notice: 2026 Ban on Non-Compete Clauses
- VoidBroadcast employees (on- or off-air creators such as anchors, reporters, producers and writers) are excluded from the highly compensated exception, so non-competes are void for them at any pay level. D.C. Code 32-581.01
Recent and pending changes
- January 1, 2026: Annual inflation adjustment: threshold rises to $162,164 (medical specialists $270,274). DOES 2026 public notice
Federal law
There is no federal ban on employee non-competes. The FTC's 2024 Non-Compete Clause Rule (16 CFR Part 910), which would have voided most non-competes from September 4, 2024, never took effect: a Texas federal court set it aside nationwide on August 20, 2024 (Ryan LLC v. FTC). On September 5, 2025 the Commission voted 3-1 to drop its appeals and accept that ruling, and on February 12, 2026 it formally removed Part 910 from the Code of Federal Regulations. State law therefore decides whether a non-compete is enforceable.
Frequently asked questions
Are non-competes enforceable in District of Columbia?
Void unless pay is $162,164+ (2026); max 365 days. D.C. bans non-competes for covered employees earning less than $162,164 in 2026 ($270,274 for medical specialists); the amounts rise each January with inflation. For employees above the threshold, the agreement must be in writing, spell out the functional scope and geography, last no more than 365 days (730 for medical specialists), be given at least 14 days in advance and include a statutory notice. Broadcast employees can never be bound. Seller-of-business covenants and confidentiality and conflict-of-interest rules are not covered.
Is there a salary threshold for non-competes in District of Columbia?
Yes — $162,164. $162,164 in total compensation for 2026 ($270,274 for medical specialists); adjusted each January 1 by the Washington-area CPI-U
How long can a non-compete last in District of Columbia?
365 calendar days after separation (730 days for medical specialists)
Did the FTC ban non-competes in District of Columbia?
No. The FTC's 2024 rule never took effect — a federal court set it aside in August 2024, the FTC dropped its appeals in September 2025 and removed the rule from the Code of Federal Regulations in February 2026. State law controls, though the FTC still challenges some non-competes case by case.
Official Sources
Figures checked against these sources on 2026-10-07Other states
Same category (Pay threshold / worker limits): Colorado, Illinois, Maine, Maryland, Massachusetts, Nevada, New Hampshire, Oregon
Protect information instead with a confidentiality agreement (NDA generator), or hiring in District of Columbia? Use the offer letter generator.
Not legal advice. Enforceability depends on the agreement's wording and the facts; consult an employment attorney licensed in District of Columbia.