Earlier this month, I updated my chart of the 11 states with wage thresholds and other criteria that must be satisfied if a noncompete is to be used for a particular employee. That update was to reflect Washington, D.C.’s brand new noncompete law.
But, the fun never stops.
As we approach 2023, the wage thresholds in several states will again be increasing.
Specifically, Colorado and Washington are definitely increasing, whereas Maine, Oregon, and Rhode Island are also likely to increase, but we don’t yet know by how much. Virginia is a wild card. And, the remaining states (and D.C.) are either not set to increase this year (Illinois, New Hampshire, and D.C.) or are (for the most part) not subject to increases because of the criteria they use (Maryland, Massachusetts, and Nevada).
The details follow.
So far we know for sure (well, almost for sure) that not only are Washington and Colorado increasing their thresholds, but Washington is going up by 8.66% to $116,593.18 and Colorado is (almost certainly1) going up by 11.11% to $112,500.2
It also safe to assume that Maine, Oregon, and Rhode Island are going up; we just don’t yet know by how much.
Maine’s threshold is 400% of the federal poverty level and Rhode Island’s is 250% of the poverty threshold (though Rhode Island has separate criteria as well). I believe that the federal poverty guidelines are released on January 12, 2023. Accordingly, we should know Maine’s and Rhode...
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