Non-Compete Clause in Washington
Washington enforces non-competes only against employees earning above an annually adjusted earnings threshold. Under RCW 49.62, for 2026 the threshold is $120,559.99 for employees and $301,399.98 for independent contractors. Non-competes lasting longer than 18 months are presumed unreasonable, and the employer must disclose the non-compete in writing before acceptance of the offer.
Last reviewed against current law: 2026-05-14
How Washington law treats non-compete clause
Washington's Non-Compete Reform Act (RCW 49.62, effective 2020) caps enforceability by earnings. The Department of Labor & Industries publishes the threshold annually, indexed to the Consumer Price Index. Below the threshold, a non-compete against an employee or contractor is void and unenforceable on its face.
The disclosure rule is procedural: the employer must give the employee a written copy of the non-compete no later than the time of acceptance of the offer of employment. For a non-compete signed after the start of employment, the employer must give independent consideration.
If the employer enforces an unenforceable non-compete, RCW 49.62.080 allows the employee to recover the greater of $5,000 or actual damages, plus attorney fees and costs.
Primary sources
Frequently asked questions — Washington
What is the 2026 Washington earnings threshold for non-competes?▾
For 2026 the threshold is $120,559.99 in annualized earnings for employees and $301,399.98 for independent contractors. Below those levels the non-compete is void. The L&I publishes the updated figure each December.
When does an employer have to disclose the non-compete?▾
No later than the time the employee accepts the offer of employment. A non-compete first presented after the employee starts requires independent consideration beyond continued employment.
What are the damages for enforcing an unlawful non-compete?▾
The greater of $5,000 or actual damages, plus attorney fees and costs, under RCW 49.62.080.