Reasonableness test
Kansas Non-Compete Law (2026): Enforceable if reasonable
Kansas enforces noncompetes under a judicial reasonableness test that weighs the employer's protectable interest, the burden on the worker, the public interest and the presence of undue hardship. In 2025 the legislature went further in employers' favor by amending K.S.A. 50-163 to declare properly drafted non-solicitation covenants conclusively enforceable and to require courts to fix overbroad language instead of voiding it. There is no wage floor, no duration ceiling and no notice formality anywhere in the scheme.
The rule
How Kansas treats non-compete agreements
The 2025 amendments cover non-solicitation, not competition as such, so a straight noncompete still lives or dies on Weber v. Tillman reasonableness with no statutory presumption behind it. Kansas's consideration doctrine is also frequently misstated: unlike Indiana and Kentucky, Kansas courts have often treated continued at-will employment as sufficient, making the mid-employment signature defense weaker here than in neighboring states.
If you are an employer
Fit your employee and customer non-solicits inside the two-year and material-contact-customer boundaries in K.S.A. 50-163 and you buy yourself a conclusive presumption of enforceability rather than a fight over reasonableness.
If you are a worker
Kansas gives you little statutory leverage and got less generous in 2025, so the realistic arguments are that the employer has no genuine interest to protect or that the restriction sweeps far past the customers and territory you ever touched.
| Classification | Common-law reasonableness; statutory safe harbor for non-solicits |
|---|---|
| Pay threshold | None. |
| Maximum term | No cap on general noncompetes; Kansas courts have routinely upheld terms of one to three years. For non-solicitation covenants the 2025 amendments to K.S.A. 50-163 supply statutory safe harbors - two years for employee and customer non-solicits signed by employees, four years for covenants signed by owners. |
| Notice or consideration | None. The agreement must be in writing to claim the statutory presumptions, but there is no review period and no advisory requirement. |
| Primary statute | K.S.A. 50-163 (Kansas Restraint of Trade Act), as amended by 2025 Kan. Sess. Laws ch. 74 (S.B. 241); common law otherwise |
Detail
What has changed, and what is still moving
Legislation 2024–2026
Senate Bill 241, effective July 1, 2025, rewrote K.S.A. 50-163 to give employers a clear statutory path on non-solicitation. A written employee non-solicit is conclusively presumed enforceable if it protects confidential or trade secret information or client goodwill, or if it runs no more than two years; a written customer non-solicit gets the same treatment when limited to two years and to customers the employee actually solicited, serviced, or learned confidential information about. The Act also tells courts to reform covenants that overshoot rather than discard them. This is employer-friendly legislation, cutting against the national direction of travel.
Bills to watch
No significant restrictive bills pending. One healthcare-focused noncompete measure was introduced in the 2026 session and did not advance.
Leading cases
Weber v. Tillman, 259 Kan. 457 (1996) - the four-factor reasonableness framework, applied to a dermatologist's covenant. Idbeis v. Wichita Surgical Specialists, P.A., 279 Kan. 755 (2005) - a restraint that merely suppresses competition, rather than protecting a legitimate interest, will not stand.
If you have one in hand
What can make a non-compete unenforceable in Kansas
- 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 Kansas.
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.
FAQ
Kansas non-compete questions
Are non-compete agreements enforceable in Kansas?
Kansas enforces noncompetes under a judicial reasonableness test that weighs the employer's protectable interest, the burden on the worker, the public interest and the presence of undue hardship. In 2025 the legislature went further in employers' favor by amending K.S.A. 50-163 to declare properly drafted non-solicitation covenants conclusively enforceable and to require courts to fix overbroad language instead of voiding it. There is no wage floor, no duration ceiling and no notice formality anywhere in the scheme.
How long can a non-compete last in Kansas?
No cap on general noncompetes; Kansas courts have routinely upheld terms of one to three years. For non-solicitation covenants the 2025 amendments to K.S.A. 50-163 supply statutory safe harbors - two years for employee and customer non-solicits signed by employees, four years for covenants signed by owners.
Is there a minimum salary for non-competes in Kansas?
No. Kansas sets no income floor, so pay alone does not decide whether a covenant binds you. The test is whether the restriction goes further than the employer's legitimate interest requires in time, geography and scope of work.
What notice or consideration does Kansas require?
None. The agreement must be in writing to claim the statutory presumptions, but there is no review period and no advisory requirement.
Sources
How this entry was checked
- Primary source. K.S.A. 50-163 (Kansas Restraint of Trade Act), as amended by 2025 Kan. Sess. Laws ch. 74 (S.B. 241); common law otherwise — the statutory text itself.
- Secondary sources consulted. K.S.A. 50-163, Kansas S.B. 241 (2025), Vorys, Epstein Becker Green, Baker Donelson, Kansas Office of Revisor of Statutes.
Check it against a third party
None of these is ours. If a figure here matters to a decision, verify it:
- Federal Trade Commission — non-compete hub
- Economic Innovation Group — State Noncompete Law Tracker
- Fair Competition Law (Beck Reed Riden) — 50-state legislation tracker
- GAO-23-103785 — Noncompete Agreements (May 2023)
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.