Pay-threshold ban

District of Columbia Non-Compete Law (2026): Banned below $162K

The District bans non-competes outright below an annually indexed pay line, and even above it the agreement must satisfy a checklist: a stated functional scope, stated geographic limits, and a term no longer than 365 days, or 730 days for a medical specialist. The proposed covenant has to reach the worker 14 days before they start or before they sign. Broadcast employees are excluded from coverage no matter what they are paid.

Jurizmo Updated 9 September 2026 Current as of September 2026 All 50 states + DC

The rule

How District of Columbia treats non-compete agreements

The duration ceiling is the provision employers most often miss, since a 24-month covenant is void for a highly compensated employee even when the pay threshold is comfortably met. Enforcement is also unusually active for a threshold jurisdiction: the OAG has pursued employers directly, which means exposure does not depend on a former employee filing suit.

If you are an employer

Treat the DC statute as a compliance checklist rather than a threshold test, because the pay figure, the 14-day delivery window, the functional and geographic descriptions, and the day-count ceiling are each independently capable of voiding the agreement.

If you are a worker

Below $162,164 in 2026 your non-compete is void, and even above it you can attack a covenant that runs past 365 days, omits a described scope or territory, or reached you fewer than 14 days before you had to sign.

Key non-compete rules in District of Columbia
Classification	Indexed compensation-threshold ban with duration caps and industry carve-outs
Pay threshold	$162,164 for 2026 for the general highly-compensated category and $270,274 for medical specialists, both reset each January by the Department of Employment Services. Broadcast employees are covered regardless of pay.
Maximum term	365 calendar days from separation for a highly compensated employee, and 730 calendar days for a medical specialist. These are hard statutory ceilings.
Notice or consideration	Yes. The employer must hand over the proposed non-compete in writing at least 14 days before the individual starts work, or at least 14 days before an existing employee has to sign. Separate workplace notice language must also be provided.
Primary statute	D.C. Code §§ 32-581.01 through 32-581.06 (limits for highly compensated employees at § 32-581.03; relief and penalties at § 32-581.04)

Detail

What has changed, and what is still moving

Legislation 2024–2026

The Ban on Non-Compete Agreements Amendment Act of 2020, as narrowed by the Non-Compete Clarification Amendment Act of 2022, has applied since October 1, 2022. No new statute passed in 2024, 2025 or 2026; the annual movement is in the indexed thresholds.

Bills to watch

No significant restrictive bills pending

Leading cases

Enforcement has come from the Office of the Attorney General rather than the courts. AG Schwalb's April 11, 2025 settlement with Equinox, together with AllCare, recovered more than $117,000, and a separate action required three District employers to pay over $150,000.

If you have one in hand

What can make a non-compete unenforceable in District of Columbia

You earn below the threshold. $162,164 for 2026 for the general highly-compensated category and $270,274 for medical specialists, both reset each January by the Department of Employment Services. Broadcast employees are covered regardless of pay.
The employer skipped a required step. Yes. The employer must hand over the proposed non-compete in writing at least 14 days before the individual starts work, or at least 14 days before an existing employee has to sign. Separate workplace notice language must also be provided.
The scope is wider than the interest behind it. A restriction that reaches beyond the customers, trade secrets or goodwill the employer can actually point to is the most common reason a covenant fails in District of Columbia.

Whether any of these applies turns on the wording of your own agreement, your role and the case law your court follows. This page maps the statutory landscape; it does not replace advice on a specific contract.

Read the statute Compare all 50 states and DC

FAQ

District of Columbia non-compete questions

Are non-compete agreements enforceable in District of Columbia?

How long can a non-compete last in District of Columbia?

365 calendar days from separation for a highly compensated employee, and 730 calendar days for a medical specialist. These are hard statutory ceilings.

Is there a minimum salary for non-competes in District of Columbia?

$162,164 for 2026 for the general highly-compensated category and $270,274 for medical specialists, both reset each January by the Department of Employment Services. Broadcast employees are covered regardless of pay.

What notice or consideration does District of Columbia require?

Yes. The employer must hand over the proposed non-compete in writing at least 14 days before the individual starts work, or at least 14 days before an existing employee has to sign. Separate workplace notice language must also be provided.

Sources

How this entry was checked

Primary source. D.C. Code §§ 32-581.01 through 32-581.06 (limits for highly compensated employees at § 32-581.03; relief and penalties at § 32-581.04) — the statutory text itself.
Secondary sources consulted. D.C. Code §§ 32-581.01-.06, DOES 2026 Ban on Non-Compete Clauses notice, D.C. Law 23-209, D.C. Law 24-175, DC OAG press releases (Equinox/AllCare, 2025), Epstein Becker Green 2026 threshold roundup.

Check it against a third party

None of these is ours. If a figure here matters to a decision, verify it:

This page is general legal information published by Jurizmo and is not legal advice, does not create an attorney-client relationship, and may not reflect amendments enacted after the review date above. Consult a licensed attorney in the relevant state before acting on any agreement.