Non-compete checker

The federal rule

On September 5, 2025, the FTC moved to dismiss its appeals in Ryan, LLC v. FTC and Properties of the Villages v. FTC and to accede to vacatur of the Non-Compete Clause Rule.

“Today the Federal Trade Commission took steps to dismiss its appeals in Ryan, LLC v. FTC, No. 24-10951 (5th Cir.), and Properties of the Villages v. FTC, No. 24-13102 (11th Cir.), and to accede to the vacatur of the Non-Compete Clause Rule.”
FTC press release, Sept. 5, 2025

The FTC's final rule removes the Non-Compete Rule (16 CFR part 910) from the Code of Federal Regulations.

“With the Commission having now acceded to vacatur, this final rule removes the Non-Compete Rule codified at 16 CFR part 910 from the Code of Federal Regulations (“CFR”).”
91 Fed. Reg. (Feb. 12, 2026), FR Doc. 2026-02866

Every state at a glance

States that set a dollar figure

• Colorado: The CDLE 2026 PAY CALC Order (effective February 1, 2026) lists $130,014 annually for 'highly compensated employees'. The order itself does not mention non-competes; the statute ties the non-compete threshold to this division-determined amount. 7 CCR 1103-14 (2026 PAY CALC Order), Rule 1.2.1 row (G)
• District of Columbia: According to DOES, as of January 1, 2026 the restriction applies to employees earning less than $162,164 and medical specialists earning less than $270,274. D.C. DOES Public Notice (2026)
• Illinois: An employer may not enter a covenant not to compete with an employee unless the employee's actual or expected annualized earnings exceed $75,000 per year. 820 ILCS 90/10(a)
• Oregon: Oregon's labor bureau publishes the inflation-adjusted minimum: $116,427 for 2025 and $119,541 for 2026 (salary and commissions must exceed this amount). Oregon BOLI, Noncompetition Agreements page (ORS 653.295)
• Tennessee: Tennessee bars employers from requiring, requesting, or enforcing a noncompete agreement against an employee whose annualized compensation is less than $70,000. Tenn. Code Ann. § 50-1-211(a) (2026 Tenn. Pub. Acts ch. 934)
• Virginia: For 2026, Virginia's labor department states that low-wage employees for non-compete purposes include all employees earning an average of less than $1,507.01 per week. Va. Dep't of Labor & Industry, Notice of the Average Weekly Wage for 2026
• Washington: Washington L&I's threshold table lists employee thresholds of $123,394.17 for 2025 and $126,858.83 for 2026. Wash. Dep't of Labor & Industries, Non-Compete Agreements page

Other states tie their line to a multiple of the minimum wage or the federal poverty level: Maine (An employer may not require or permit a noncompete agreement with an employee earning wages at or below 400% of the federal poverty level.); Maryland (The ban covers employees earning equal to or less than 150% of the State minimum wage rate.); New Hampshire (New Hampshire defines a low-wage employee as one earning an hourly rate at or below 200 percent of the federal minimum wage.); Rhode Island (A low-wage employee is one whose average annual earnings are not more than 250% of the federal poverty level for individuals, as set by the U.S. Department of Health and Human Services guidelines.).

What we could not verify

For Alaska, Georgia, Kentucky, Mississippi, New Jersey, New York, Ohio, South Carolina, Vermont we found no statute on employee non-competes on an official state site, so this page states no rule for them. We do not fill those gaps from secondary sources.

Common questions

Is the FTC non-compete ban in effect?

On September 5, 2025, the FTC moved to dismiss its appeals in Ryan, LLC v. FTC and Properties of the Villages v. FTC and to accede to vacatur of the Non-Compete Clause Rule. The FTC's final rule removes the Non-Compete Rule (16 CFR part 910) from the Code of Federal Regulations.

Which states have a salary threshold for non-competes?

States with a plain dollar figure include Colorado, District of Columbia, Illinois, Oregon, Tennessee, Virginia, Washington; Maine, Maryland, New Hampshire, Rhode Island use a multiple of the minimum wage or the federal poverty level.