Are Non-Competes Enforceable in Georgia?
Last updated: 2026-10-07 · Verified against the statutes 2026-10-07
Enforceable — statute sets rules
Enforceable for sales, managers, key staff; 2 years presumed OK
Georgia's Restrictive Covenants Act allows post-employment non-competes only for employees who solicit customers, make sales, manage the business (directing two or more employees with hiring input), or are key employees or professionals, and only if reasonable in time, area and scope. Two years or less is presumed reasonable for employees. Customer non-solicits can cover customers the employee had material contact with, without a geographic limit. Courts may modify (narrow) an overbroad covenant instead of voiding it.
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).
Enforceable if reasonable
Georgia enforces non-competes that protect a legitimate business interest and are reasonable in time, geography and scope.
- Georgia: Enforceable for sales, managers, key staff; 2 years presumed OK. O.C.G.A. 13-8-50 to 13-8-59 (Justia)
- Duration: Employees: 2 years or less presumed reasonable; more than 2 years presumed unreasonable. O.C.G.A. 13-8-50 to 13-8-59 (Justia)
Other Georgia rules to check
- Non-solicitation clauses: Customer non-solicits may run for a stated period and need no geographic term if limited to customers (including actively sought prospects) with whom the employee had material contact; they may bind any employee.
- If a court finds it too broad: Courts have discretion to modify or refuse to enforce.
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.
Georgia non-compete rules
- Duration
- Employees: 2 years or less presumed reasonable; more than 2 years presumed unreasonable
- Non-solicitation
- Customer non-solicits may run for a stated period and need no geographic term if limited to customers (including actively sought prospects) with whom the employee had material contact; they may bind any employee.
- Overbroad covenants
- Courts have discretion to modify or refuse to enforce
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 Georgia?
Enforceable for sales, managers, key staff; 2 years presumed OK. Georgia's Restrictive Covenants Act allows post-employment non-competes only for employees who solicit customers, make sales, manage the business (directing two or more employees with hiring input), or are key employees or professionals, and only if reasonable in time, area and scope. Two years or less is presumed reasonable for employees. Customer non-solicits can cover customers the employee had material contact with, without a geographic limit. Courts may modify (narrow) an overbroad covenant instead of voiding it.
How long can a non-compete last in Georgia?
Employees: 2 years or less presumed reasonable; more than 2 years presumed unreasonable
Did the FTC ban non-competes in Georgia?
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 (Enforceable — statute sets rules): Alabama, Arkansas, Florida, Hawaii, Idaho, Louisiana, Michigan, North Carolina
Protect information instead with a confidentiality agreement (NDA generator), or hiring in Georgia? Use the offer letter generator.
Not legal advice. Enforceability depends on the agreement's wording and the facts; consult an employment attorney licensed in Georgia.