Our chart of the wage thresholds and other criteria that must be satisfied if a noncompete is to be used for a particular employee has been updated to reflect a brand new noncompete law in Washington, D.C.
As of October 1, 2022, Washington, D.C. now prohibits the use of noncompetes for most employees earning under $150,000 ($250,000 for so-called “medical specialists,” i.e., physicians who have completed their residency).
In total, there are now eleven states (plus D.C.) with such criteria. In order of adoption, they are: Oregon (originally in 2008, though later updated in 2021), Illinois (in 2016, though updated in 2021), Massachusetts (in 2018), Maine (in 2019), Maryland (in 2019), New Hampshire (in 2019), Rhode Island (in 2020), Virginia, (in 2020), Washington (in 2020), Nevada (in 2021), Colorado (in 2022), and Washington, D.C. (in 2022).
To help keep track of the changes, we have again updated our chart summarizing the current criteria in each of the states and now D.C. (Note that the specific dollar values may be subject to increase for inflation or otherwise, though the chart is current as of the date of posting.)
State | Wage Criteria (October 2022) |
| Colorado | $101,250 and $865.38 weekly |
| Illinois | $75,000 |
| Maine | 400% of the federal poverty level ($54,360 (est.)) |
| Maryland | $15 per hour or $31,200 annually |
| Massachusetts | Nonexempt under the Fair Labor Standards Act |
| Nevada | Paid solely on an hourly wage basis, exclusive of tips or gratuities |
| New... |
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