Reasonableness test
Missouri Non-Compete Law (2026): Enforceable if reasonable
Missouri enforces a non-compete when the employer can point to a protectable interest — trade secrets or customer goodwill — and the restraint is no larger than needed to guard it; that test comes from case law, not from a statute. The statute on the books, § 431.202, does something narrower: it blesses written covenants against soliciting employees or customers and declares any such covenant of a year or less conclusively reasonable, while pointedly disclaiming any effect on non-competes. Nothing shields low-wage workers, and the 2026 physician bill died in committee.
The rule
How Missouri treats non-compete agreements
The most common error in state-by-state charts is citing § 431.202 as Missouri's non-compete statute; the section expressly disclaims that role. The conclusive one-year presumption is genuinely unusual, and it gives employers a low-risk alternative to a full non-compete.
If you are an employer
Plead and prove the specific interest you are protecting, and consider whether a one-year non-solicitation covenant — which the statute makes essentially unassailable — gets you what you actually need.
If you are a worker
Missouri will enforce a reasonable non-compete against you no matter what you earn, and courts here tend to rewrite an overbroad clause rather than discard it, so the fight is usually over scope rather than validity.
| Classification | Common-law reasonableness with a statutory non-solicitation safe harbor |
|---|---|
| Pay threshold | None. Missouri applies the same test to hourly, part-time and salaried workers alike; the only status-based limit is that the statutory non-solicitation presumption does not reach purely secretarial or clerical staff. |
| Maximum term | No statutory ceiling for non-competes. Courts commonly accept one to two years where the employer's interest supports it. Separately, a non-solicitation covenant running twelve months or less is conclusively presumed reasonable under § 431.202. |
| Notice or consideration | The covenant must be written, but Missouri imposes no advance-disclosure period, no right-to-counsel language and no garden-leave payment. |
| Primary statute | Mo. Rev. Stat. § 431.202 (non-solicitation covenants); non-competes governed by common law |
Detail
What has changed, and what is still moving
Legislation 2024–2026
None enacted in 2024, 2025 or 2026. Missouri's framework is unchanged: common law for non-competes, § 431.202 for non-solicitation and anti-raiding covenants.
Bills to watch
No significant restrictive bills pending. HB 2184, which would have barred non-competes for physicians licensed under Chapter 334 while leaving non-solicits intact, never left the House Emerging Issues Committee and died when the General Assembly adjourned sine die on May 15, 2026.
Leading cases
Healthcare Services of the Ozarks, Inc. v. Copeland, 198 S.W.3d 604 (Mo. banc 2006) — the governing statement of when a Missouri non-compete is enforceable, requiring a protectable interest in trade secrets or customer contacts and reasonable limits, with courts free to modify overbroad terms.
If you have one in hand
What can make a non-compete unenforceable in Missouri
- 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 Missouri.
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
Missouri non-compete questions
Are non-compete agreements enforceable in Missouri?
Missouri enforces a non-compete when the employer can point to a protectable interest — trade secrets or customer goodwill — and the restraint is no larger than needed to guard it; that test comes from case law, not from a statute. The statute on the books, § 431.202, does something narrower: it blesses written covenants against soliciting employees or customers and declares any such covenant of a year or less conclusively reasonable, while pointedly disclaiming any effect on non-competes. Nothing shields low-wage workers, and the 2026 physician bill died in committee.
How long can a non-compete last in Missouri?
No statutory ceiling for non-competes. Courts commonly accept one to two years where the employer's interest supports it. Separately, a non-solicitation covenant running twelve months or less is conclusively presumed reasonable under § 431.202.
Is there a minimum salary for non-competes in Missouri?
No. Missouri 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 Missouri require?
The covenant must be written, but Missouri imposes no advance-disclosure period, no right-to-counsel language and no garden-leave payment.
Sources
How this entry was checked
- Primary source. Mo. Rev. Stat. § 431.202 (non-solicitation covenants); non-competes governed by common law — the statutory text itself.
- Secondary sources consulted. Mo. Rev. Stat. § 431.202 (Justia / Missouri Revisor), Healthcare Services of the Ozarks v. Copeland (Mo. banc 2006), LegiScan (HB 2184), Fisher Phillips, Foley & Lardner, Missouri Bar 2026 legislative summary.
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.