District of Columbia non-compete law

Pay figure in the law

$162,164 a year

Separate rules for professions

None found in the statutes we read

Statutes and official texts quoted

D.C. Code § 32-581.02(a)(1); D.C. Code § 32-581.02(a)(2); D.C. Code § 32-581.01(13)(A); D.C. Code § 32-581.01(13)(B); D.C. DOES Public Notice (2026); D.C. Code § 32-581.03(a)(1)(C); D.C. Code § 32-581.03(a)(2); D.C. Code § 32-581.03a(b); D.C. Code § 32-581.01(15); D.C. Code § 32-581.01(10); D.C. Code § 32-581.04(d)(2)(A); D.C. Code § 32-581.04(d)(1)(A); D.C. Code § 32-581.04(c)(1)

Is a non-compete allowed?

Beginning October 1, 2022, employers may not require or request that a covered (non-highly-compensated) employee sign or comply with a non-compete provision.

“Beginning October 1, 2022, no employer may require or request that a covered employee sign an agreement or comply with a workplace policy that includes a non-compete provision.”
D.C. Code § 32-581.02(a)(1)

A prohibited non-compete with a covered employee entered on or after October 1, 2022 is void as a matter of law.

“A non-compete provision that violates paragraph (1) of this subsection contained in an agreement between a covered employee and an employer that was entered into on or after October 1, 2022, shall be void as a matter of law and unenforceable.”
D.C. Code § 32-581.02(a)(2)

Pay thresholds

The statutory minimum qualifying annual compensation started at $150,000, or $250,000 for medical specialists.

“(i) $150,000; or (ii) $250,000, if the employee is a medical specialist.”
D.C. Code § 32-581.01(13)(A)

From January 1, 2024, the threshold is adjusted each calendar year by the Washington-area CPI-U.

“For the calendar year beginning January 1, 2024, and each calendar year thereafter, an amount equal to the previous calendar year's minimum qualifying annual compensation, increased in proportion to the annual average increase, if any, in the Consumer Price Index for All Urban Consumers in the Washington Metropolitan Statistical Area”
D.C. Code § 32-581.01(13)(B)

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.

“As of January 1, 2026, the restriction on non-compete clauses applies to employees earning less than $162,164 and to medical specialists earning less than $270,274.”
D.C. DOES Public Notice (2026)

Notice and signing

For highly compensated employees, the employer must provide the non-compete in writing at least 14 days before employment starts, or before an existing employee must sign.

“The employer shall provide the non-compete provision to the employee in writing: (A) At least 14 days before the individual commences employment for the employer; or (B) If the employer already employs the highly compensated employee, at least 14 days before the employee must execute the agreement.”
D.C. Code § 32-581.03(a)(2)

A highly compensated employee's employer must give a statutory notice whenever a non-compete is proposed, stating the employer has determined the employee is highly compensated.

“A highly compensated employee's employer shall provide the following notice to the employee whenever a non-compete provision is proposed to the employee:”
D.C. Code § 32-581.03a(b)

Who is covered

'Broadcast employees' are excluded from the definition of highly compensated employee.

“"Highly compensated employee" means, other than a broadcast employee, an employee:”
D.C. Code § 32-581.01(10)

Exceptions

The definition of non-compete provision excludes sale-of-business agreements, confidentiality restrictions, certain conflict-of-interest restrictions, and long-term incentives.

“Contained within or executed contemporaneously with an agreement between the seller of a business and one or more buyers of that business wherein the seller agrees not to compete with the buyer's business;”
D.C. Code § 32-581.01(15)

Limits on length and area

For highly compensated employees, the non-compete term may not exceed 365 days after separation (730 days for medical specialists).

“If the employee is not a medical specialist, a term of non-competition that does not exceed 365 calendar days from the date the employee separates from employment with the employer;”
D.C. Code § 32-581.03(a)(1)(C)

If it is challenged

An employer that attempts to enforce a void non-compete is liable to each affected employee for at least $1,500.

“An employer that attempts to enforce a non-compete provision that is unenforceable or void as provided in §§ 32-581.02(a)(2) and 32-581.03(a) shall be liable to each employee against whom the employer attempted to enforce the invalid non-compete provision for relief in an amount not less than $1,500.”
D.C. Code § 32-581.04(d)(2)(A)

An employer that requires or requests a prohibited non-compete is liable for $500 to $1,000 per violation per employee.

“An employer that violates § 32-581.02(a)(1) shall be liable for each violation to each employee subjected to the violation for monetary relief in an amount not less than $500 and not greater than $1,000.”
D.C. Code § 32-581.04(d)(1)(A)

An aggrieved person may file an administrative complaint with the Mayor or a civil action in court.

“A person aggrieved by a violation of this chapter may pursue relief by filing:”
D.C. Code § 32-581.04(c)(1)

Federal rules

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. 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. 91 Fed. Reg. (Feb. 12, 2026), FR Doc. 2026-02866

Before you sign, or before you assume you are bound

1. Find every restrictive clause: non-compete, non-solicitation, no-hire and confidentiality are separate promises with separate rules.
2. Note how long each lasts and what area or customers it covers.
3. Check which state’s law the agreement picks and where disputes must be heard.
4. Compare your pay and your job with the District of Columbia rules above.

Check your state with the non-compete checker.

Common questions

Are non-competes enforceable in District of Columbia?

Beginning October 1, 2022, employers may not require or request that a covered (non-highly-compensated) employee sign or comply with a non-compete provision. (D.C. Code § 32-581.02(a)(1)).

Is there a salary threshold for non-competes in 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)).