Original data · Free to cite

Non-Compete Enforceability Index 2026

With the federal FTC ban vacated, state law decides whether a non-compete holds. This index classifies all 50 states + DC — each entry cited to its governing statute or controlling case law.

Key findings

states void nearly all employee non-competes (California, Minnesota, North Dakota, Oklahoma)

jurisdictions restrict them — 13 use statutory salary thresholds

states enforce reasonable non-competes (statute or common law)

Want the interactive version? Use the free non-compete checker — pick a state, get the statute, threshold, and 2026 changes.

The full index: all 51 jurisdictions

State	Status	Salary threshold	Governing law
Alabama	Enforceable if reasonable	—	Ala. Code § 8-1-190 et seq.
Alaska	Enforceable if reasonable	—	common law
Arizona	Enforceable if reasonable	—	common law
Arkansas	Enforceable if reasonable	—	Ark. Code § 4-75-101
California	Void / banned	—	Cal. Bus. & Prof. Code § 16600 (and §§ 16600.1, 16600.5)
Colorado	Limited / threshold	At least $130,014/yr for non-competes; $78,008.40/yr for customer non-solicitation (2026, indexed annually by CDLE)	C.R.S. § 8-2-113
Connecticut	Enforceable if reasonable	—	common law; Conn. Gen. Stat. § 20-14p (physicians/PAs/APRNs)
Delaware	Enforceable if reasonable	—	common law; 6 Del. C. § 2707 (physician ban)
District of Columbia	Limited / threshold	Effective Jan. 1, 2026: $162,164/yr for highly compensated employees; $270,274/yr for medical specialists (both CPI-indexed annually)	D.C. Code § 32-581.01 et seq. (Ban on Non-Compete Agreements Amendment Act of 2020, as amended)
Florida	Enforceable if reasonable	CHOICE Act (eff. July 1, 2025) covers employees earning more than twice the annual mean wage of the relevant Florida county; § 542.335 itself has no salary threshold	Fla. Stat. § 542.335; CHOICE Act, §§ 542.41–542.45 (2025)
Georgia	Enforceable if reasonable	—	O.C.G.A. § 13-8-50 et seq.
Hawaii	Limited / threshold	—	Haw. Rev. Stat. § 480-4(d)
Idaho	Enforceable if reasonable	—	Idaho Code § 44-2701 et seq.
Illinois	Limited / threshold	Over $75,000/yr (2026; rises to $80,000 on 1/1/2027, then $85K in 2032, $90K in 2037)	Freedom to Work Act, 820 ILCS 90/10
Indiana	Enforceable if reasonable	—	common law; physician restrictions at Ind. Code § 25-22.5-5.5
Iowa	Enforceable if reasonable	—	common law
Kansas	Enforceable if reasonable	—	common law
Kentucky	Enforceable if reasonable	—	common law
Louisiana	Enforceable if reasonable	—	La. R.S. 23:921
Maine	Limited / threshold	Must earn above 400% of the federal poverty line (~$63,840/yr in 2026, indexed annually to the FPL)	26 M.R.S. § 599-A
Maryland	Limited / threshold	Must earn above 150% of the state minimum wage (~$49,920/yr once the $16/hr minimum takes effect 7/1/2026; higher in Montgomery County)	Md. Code, Lab. & Empl. § 3-716
Massachusetts	Limited / threshold	No flat salary cutoff; consideration must be garden-leave pay of at least 50% of the employee's highest annualized base salary in the prior 2 years (or other mutually agreed consideration)	Mass. Gen. Laws ch. 149, § 24L
Michigan	Enforceable if reasonable	—	MCL 445.774a
Minnesota	Void / banned	—	Minn. Stat. § 181.988
Mississippi	Enforceable if reasonable	—	common law
Missouri	Enforceable if reasonable	—	Mo. Rev. Stat. § 431.202
Montana	Enforceable if reasonable	—	Mont. Code Ann. § 28-2-703 (with judicial reasonableness exception)
Nebraska	Enforceable if reasonable	—	common law
Nevada	Limited / threshold	—	NRS 613.195
New Hampshire	Limited / threshold	Must earn above 200% of the federal minimum wage (>$14.50/hr while the federal minimum is $7.25)	RSA 275:70-a
New Jersey	Enforceable if reasonable	—	common law
New Mexico	Enforceable if reasonable	—	common law; healthcare ban at N.M. Stat. § 24A-4-2 (formerly § 24-1I-2)
New York	Enforceable if reasonable	—	common law
North Carolina	Enforceable if reasonable	—	common law
North Dakota	Void / banned	—	N.D. Cent. Code § 9-08-06
Ohio	Enforceable if reasonable	—	common law (Raimonde v. Van Vlerah)
Oklahoma	Void / banned	—	Okla. Stat. tit. 15, § 219A
Oregon	Limited / threshold	Over $119,541/yr (gross salary + commissions) for 2026 terminations (indexed to CPI-W West)	ORS 653.295
Pennsylvania	Enforceable if reasonable	—	common law; Act 74 of 2024 (healthcare workers)
Rhode Island	Limited / threshold	Low-wage = average annual earnings at or below 250% of the federal poverty level (~$39,900 in 2026, indexed to the FPL); also bans all non-exempt employees regardless of pay	R.I. Gen. Laws § 28-59-3
South Carolina	Enforceable if reasonable	—	common law
South Dakota	Enforceable if reasonable	—	S.D. Codified Laws § 53-9-11
Tennessee	Enforceable if reasonable	—	common law; Tenn. Code § 63-1-148 (healthcare providers)
Texas	Enforceable if reasonable	—	Tex. Bus. & Com. Code § 15.50
Utah	Enforceable if reasonable	No salary threshold; statutory 1-year maximum duration cap	Utah Code § 34-51 (Post-Employment Restrictions Act)
Vermont	Enforceable if reasonable	—	common law
Virginia	Limited / threshold	Must earn at or above the Commonwealth average weekly wage: $1,507.01/week (~$78,364.52/yr) for 2026 (updated each January); plus all non-exempt employees are covered regardless of earnings	Va. Code § 40.1-28.7:8
Washington	Limited / threshold	Over $126,858.83/yr for employees; $317,147.09/yr for independent contractors (2026, indexed annually by L&I)	RCW 49.62 (RCW 49.62.020/.030/.040)
West Virginia	Enforceable if reasonable	—	common law; W. Va. Code § 47-11E (Physicians' Freedom of Practice Act)
Wisconsin	Enforceable if reasonable	—	Wis. Stat. § 103.465
Wyoming	Limited / threshold	—	W.S. § 1-23-108

Embed the map

Free to embed with attribution. Copy this snippet:

<iframe src="https://www.pactlio.com/embed/non-compete-map" width="100%" height="640" style="border:1px solid #e5e7eb;border-radius:8px" loading="lazy" title="Non-Compete Enforceability by US State (2026)"></iframe>
<p>Source: <a href="https://www.pactlio.com/reports/non-compete-index-2026">Pactlio Non-Compete Enforceability Index 2026</a></p>

How to cite this index

Licensed CC BY 4.0 — cite freely with attribution:

Pactlio, Non-Compete Enforceability Index 2026, pactlio.com/reports/non-compete-index-2026 (published 2026-07-10).

Methodology

Each jurisdiction was classified against its current (2026) statute or controlling case law — void (near-total ban), limited (categorical restrictions or salary thresholds), or enforceable if reasonable. Primary-source citations for every entry are available in the interactive checker. The vacated 2024 FTC rule is excluded; state law governs.

Frequently asked questions

How many US states ban non-compete agreements in 2026?

Four states void nearly all employee non-competes: California, Minnesota, North Dakota, and Oklahoma. Another fourteen jurisdictions restrict them — most commonly with salary thresholds below which non-competes are unenforceable. The remaining thirty-three enforce reasonable non-competes under statute or common law.

Is there a federal ban on non-competes?

No. The FTC adopted a near-total federal ban in 2024, but courts vacated the rule (Ryan LLC v. FTC) and the FTC formally removed it in February 2026. State law now governs non-compete enforceability, which is why the state-by-state picture in this index matters.

How many states use salary thresholds for non-competes?

Thirteen jurisdictions condition enforceability on the worker earning above a statutory threshold — including Washington, Colorado, Illinois, Oregon, Virginia, Maryland, and DC. Below the threshold, a non-compete is void or unenforceable regardless of how reasonably it is drafted.

Can I cite or republish this index?

Yes. The index is free to cite and the state map is free to embed, with attribution to Pactlio and a link to this page. Every state entry cites its governing statute or controlling case law, so claims can be verified against primary sources.

General information, not legal advice. Drafting an agreement instead? Try the contractor agreement template or the free legal tools hub.