For employers wary of the looming implementation of the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020, it appears that the waiting game will continue until at least October 1, 2022. Although March 16, 2021, was the act’s “effective date,” the act’s near-total ban on noncompete agreements will not have true legal effect until the legislation’s “applicability date,” which the Council of the District of Columbia is delaying once again. Last fall, the act’s applicability date was pushed back to April 1, 2022, by way of the Fiscal Year 2022 Budget Support Act of 2021.
Proposal for a New Applicability Date: October 1, 2022
On February 24, 2022, Councilmember Elissa Silverman, who chairs the Council’s Committee on Labor and Workforce Development, requested that the Council consider legislation to postpone the act’s applicability date from April 1, 2022, until October 1, 2022. In her request, Silverman stated that the committee was consulting extensively with the business community and that the committee needed additional time to consider legislation to amend the act. The Council responded on March 1, 2022, by adopting the Ban on Non-Compete Agreements Applicability Emergency Declaration Resolution of 2022, declaring an emergency existed that required an extension of the act’s applicability date until October 1, 2022. The Council also unanimously approved companion legislation (the Ban on Non-Compete Agreements Applicability Emergency Amendment Act of...
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https://www.natlawreview.com/article/dc-s-ban-noncompete-agreements-set-anoth...