Are Non-Competes Enforceable in Kentucky?
Last updated: 2026-10-07 · Verified against the statutes 2026-10-07
Enforceable if reasonable
Enforced if reasonable; mid-job covenants need new value
Kentucky has no general non-compete statute; courts enforce reasonable covenants and may modify unreasonable terms. Continued at-will employment alone is not enough consideration for a covenant signed mid-employment if nothing changes afterward (no raise, promotion or special training). Health-care staffing agencies may not restrict temporary direct-care staff through non-compete clauses.
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
Kentucky enforces non-competes that protect a legitimate business interest and are reasonable in time, geography and scope.
- Kentucky: Enforced if reasonable; mid-job covenants need new value. KRS 216.724 (health-care services agencies)
Other Kentucky rules to check
- If a court finds it too broad: Courts may narrow an overbroad covenant to what's reasonable.
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.
Kentucky non-compete rules
- Signed mid-employment
- Not by itself - continued at-will employment is inadequate when the relationship does not change after signing (Charles T. Creech, Inc. v. Brown, Ky. 2014).
- Overbroad covenants
- Courts may narrow an overbroad covenant to what's reasonable
Profession-specific rules
- VoidHealth-care services (staffing) agencies may not restrict the employment opportunities of temporary direct-care staff, including through non-compete clauses or buy-outs; such contracts are void. KRS 216.724
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 Kentucky?
Enforced if reasonable; mid-job covenants need new value. Kentucky has no general non-compete statute; courts enforce reasonable covenants and may modify unreasonable terms. Continued at-will employment alone is not enough consideration for a covenant signed mid-employment if nothing changes afterward (no raise, promotion or special training). Health-care staffing agencies may not restrict temporary direct-care staff through non-compete clauses.
Did the FTC ban non-competes in Kentucky?
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 if reasonable): Alaska, Arizona, Connecticut, Delaware, Indiana, Iowa, Kansas, Mississippi
Protect information instead with a confidentiality agreement (NDA generator), or hiring in Kentucky? Use the offer letter generator.
Not legal advice. Enforceability depends on the agreement's wording and the facts; consult an employment attorney licensed in Kentucky.