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Non-Compete Laws by State (2026): Bans, Pay Thresholds and Conditions

Which states ban non-compete agreements in 2026?

California, Minnesota, North Dakota and Oklahoma ban employee non-competes outright, and Wyoming voids most signed from 1 July 2025. Other states void them below a pay threshold: in 2026, Washington USD 126,858.83, Colorado USD 130,014, DC USD 162,164, Oregon USD 119,541, Virginia about USD 78,365, Illinois USD 75,000 and Tennessee USD 70,000. Washington bans all non-competes from 30 June 2027. There is no federal ban: the FTC rule was set aside and removed in February 2026.

Whether a non-compete binds you depends first on the state. Four states ban them, a dozen void them below a pay line that moves every January, and Florida went the other way in 2025.

Choose the state, enter the pay and the situation; the checker applies the state's ban or 2026 threshold and lists its other conditions, with the source for each.

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Built by Muhammad Shahzeb Anwar, MSc Industrial and Organizational Psychology. Thresholds checked against state statutes and labour department pages on 17 October 2026; each state shows how its rule was sourced.

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States define earnings differently (W-2 pay, salary and commission); see the rule below.

    Thresholds that change every January

    Washington, Colorado, the District of Columbia and Oregon index their thresholds every year; Maine, Rhode Island and New Hampshire tie them to the federal poverty level or minimum wage; Illinois steps up on 1 January 2027 and every five years after. A non-compete that was valid when signed can fail later: Colorado tests the pay both when it is signed and when it is enforced. Check the year the threshold applies to.

    2026 and 2027 changes

    Virginia (from 1 July 2026) makes a non-compete unenforceable against an employee discharged without cause unless severance or other payment was provided and disclosed at signing. Tennessee (from 1 July 2026) voids non-competes for workers earning under USD 70,000. Washington's ESHB 1155, signed on 23 March 2026, makes every non-compete void from 30 June 2027, including existing ones, and requires employers to notify affected workers by 1 October 2027. At federal level, the FTC's non-compete rule was removed from the Code of Federal Regulations on 12 February 2026.

    Before you rely on this

    What this will not tell you

    This checks the headline rule for the states listed, not every condition, and not industry-specific rules (many states restrict non-competes for doctors, nurses, broadcasters and others). Rules marked S come from law-firm summaries because the state's own site refused our connection. Choice-of-law clauses can move a dispute to another state's courts. Nothing you type leaves your browser.

    Questions

    Questions people actually ask

    Are non-competes legal in the US in 2026?

    There is no federal ban: the FTC's rule was set aside in 2024 and removed in February 2026. Each state decides: four ban them, many void them below a pay threshold, and most enforce reasonable ones.

    What is the non-compete salary threshold in Illinois?

    Non-competes are void for employees earning USD 75,000 a year or less, rising to USD 80,000 on 1 January 2027. Non-solicitation clauses are void at USD 45,000 or less (USD 47,500 from 2027).

    Is Washington banning non-competes?

    Yes. ESHB 1155, signed on 23 March 2026, makes all non-competes void from 30 June 2027, whenever they were signed. Until then they are void below USD 126,858.83 a year for employees.

    What is Colorado's non-compete threshold for 2026?

    USD 130,014 a year, at signing and at enforcement, effective 1 February 2026. Customer non-solicitation clauses need USD 78,008.40.

    Can a non-compete be enforced if I am fired?

    In Massachusetts, not against someone laid off or fired without cause. In Virginia, from 1 July 2026, not without severance or other payment disclosed at signing. In most other states, being fired does not by itself void it.

    Is a non-compete enforceable in California?

    No. California voids employee non-competes wherever they were signed, with narrow exceptions for the sale of a business.

    Where every rule comes from

    Sources

    Checked on 17 October 2026. Several state legislature sites refused our connection; for those the figure was read from a copy or excerpt of the statute, or from a law-firm summary, and the checker says which.

    1. FTC: Non-compete rule (status): https://www.ftc.gov/legal-library/browse/rules/noncompete-rule
    2. Federal Register, 2026: removal of 16 CFR part 910: https://www.federalregister.gov/api/v1/documents/2026-02866.json
    3. Washington ESHB 1155, session law (Chapter 149, Laws of 2026): https://www.jacksonlewis.com/sites/default/files/2026-04/Washington-HB1155-S.SL_.pdf
    4. Virginia DOLI: 2026 low-wage threshold: https://doli.virginia.gov/?p=23825188
    5. Maryland minimum wage: https://www.labor.maryland.gov/labor/wages/wagehrfacts.shtml
    6. HHS 2026 poverty guidelines (Maine and Rhode Island thresholds): https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines
    7. Tennessee amendment text (HB 1034): https://www.capitol.tn.gov/Bills/114/Amend/HA0616.pdf
    8. California: Cal. Bus. & Prof. Code 16600-16600.5: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=16600
    9. Colorado: C.R.S. 8-2-113; 7 CCR 1103-14 (2026): https://cdle.colorado.gov/sites/cdle/files/adopted_2026_pay_calc_order_7_ccr_1103-14_12.8.25.pdf
    10. District of Columbia: D.C. Code 32-581.01 et seq.: https://does.dc.gov/sites/default/files/dc/sites/does/publication/attachments/2026%20Ban%20on%20Non-Compete%20Clauses.pdf
    11. Florida: Fla. Stat. 542.335, 542.41-.45: https://www.flsenate.gov/Laws/Statutes/2025/542.43
    12. Illinois: 820 ILCS 90: https://codes.findlaw.com/il/chapter-820-employment/il-st-sect-820-90-10/
    13. Maine: 26 M.R.S. 599-A: https://www.legislature.maine.gov/statutes/26/title26sec599-A.html
    14. Maryland: Md. Code, Lab. & Empl. 3-716: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=3-716&enactments=false
    15. Massachusetts: M.G.L. c.149, 24L: https://www.littler.com/news-analysis/asap/massachusetts-legislature-passes-comprehensive-noncompete-reform
    16. Minnesota: Minn. Stat. 181.988: https://www.revisor.mn.gov/statutes/cite/181.988
    17. New Hampshire: RSA 275:70-a: https://www.klgates.com/2019-Non-Compete-Statutes-Are-Officially-In-Effect-Are-Employers-Ready-01-21-2020
    18. North Dakota: N.D. Cent. Code 9-08-06: https://ndlegis.gov/cencode/t09c08.pdf
    19. Oklahoma: 15 Okla. Stat. 219A: https://www.recordinglaw.com/us-laws/non-compete-laws/oklahoma-non-compete-laws/
    20. Oregon: ORS 653.295: https://www.oregon.gov/boli/employers/Pages/Noncompetition-Agreements.aspx
    21. Rhode Island: R.I. Gen. Laws 28-59-3: https://webserver.rilegislature.gov/Statutes/TITLE28/28-59/28-59-3.htm
    22. Tennessee: 2026 Tenn. Pub. Acts ch. 934: https://www.afslaw.com/perspectives/trade-secrets-case-watch/tennessee-joins-nationwide-trend-imposing-new-restrictions
    23. Virginia: Va. Code 40.1-28.7:8: https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-28.7:8/
    24. Washington: RCW 49.62; ESHB 1155 (2026): https://lni.wa.gov/workers-rights/workplace-policies/non-compete-agreements
    25. Wyoming: W.S. 1-23-108: https://www.wyoleg.gov/2025/Enroll/SF0107.pdf
    Citation

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    Free to use and free to quote. If a figure here is useful in something you are writing, a link back is all that is asked.

    Muhammad Shahzeb Anwar, MSc Industrial and Organizational Psychology. Non-Compete Laws by State Checker (2026). Shahzeb Speaks. https://www.shahzebspeaks.com/non-compete-laws-by-state-checker/

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