Are Non-Competes Enforceable in Wisconsin?
Last updated: 2026-10-07 · Verified against the statutes 2026-10-07
Enforceable — statute sets rules
Allowed if reasonably necessary; any overbreadth voids it all
Wisconsin enforces a covenant not to compete within a specified territory and time only if the restrictions are reasonably necessary to protect the employer. A covenant with any unreasonable restraint is void in its entirety, even the parts that would be reasonable; courts do not trim it, though divisible covenants are judged separately. The statute also covers employee non-solicitation 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
Wisconsin enforces non-competes that protect a legitimate business interest and are reasonable in time, geography and scope.
- Wisconsin: Allowed if reasonably necessary; any overbreadth voids it all. Wis. Stat. 103.465
Other Wisconsin rules to check
- Non-solicitation clauses: Section 103.465 applies to employee non-solicitation (no-raid) provisions (Manitowoc Co. v. Lanning, 2018 WI 6, per statute annotation).
- If a court finds it too broad: An overbroad covenant is void in full — courts won't fix it.
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.
Wisconsin non-compete rules
- Statute
- Wis. Stat. 103.465
- Signed mid-employment
- Yes - an employer's forbearance from firing an at-will employee is lawful consideration (Runzheimer Int'l v. Friedlen, 2015 WI 45, per statute annotation).
- Non-solicitation
- Section 103.465 applies to employee non-solicitation (no-raid) provisions (Manitowoc Co. v. Lanning, 2018 WI 6, per statute annotation).
- Overbroad covenants
- An overbroad covenant is void in full — courts won't fix it
Recent and pending changes
Pending: 2025 AB 567 (broad ban) and SB 657 / AB 675 (medical practitioners) failed to pass when the 2025-26 floor period ended on March 23, 2026.
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 Wisconsin?
Allowed if reasonably necessary; any overbreadth voids it all. Wisconsin enforces a covenant not to compete within a specified territory and time only if the restrictions are reasonably necessary to protect the employer. A covenant with any unreasonable restraint is void in its entirety, even the parts that would be reasonable; courts do not trim it, though divisible covenants are judged separately. The statute also covers employee non-solicitation clauses.
Did the FTC ban non-competes in Wisconsin?
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, Georgia, Hawaii, Idaho, Louisiana, Michigan
Protect information instead with a confidentiality agreement (NDA generator), or hiring in Wisconsin? Use the offer letter generator.
Not legal advice. Enforceability depends on the agreement's wording and the facts; consult an employment attorney licensed in Wisconsin.