Banned statewide
Oklahoma Non-Compete Law (2026): Effectively banned
Oklahoma starts from the position that any bargain restraining someone from practicing a lawful trade is void, then reopens the door by exactly one inch. A departing employee is free to enter the same line of work, compete head-on, and even serve the old employer's customers, so long as the employee does not directly solicit sales from customers the employer had already established. Anything in the contract that conflicts with that formula is declared void by the statute itself, which leaves employers no room to argue a broader clause was merely overzealous drafting.
The rule
How Oklahoma treats non-compete agreements
The statute does its own policing: § 219A(B) declares conflicting contract language void rather than leaving a court to trim it, which is why Oklahoma non-compete fights usually turn on drafting precision rather than on reasonableness. Separately, the sale-of-business and partnership-dissolution exceptions in §§ 218 and 219 are untouched, so covenants attached to a deal are analyzed on a different track from employment covenants.
If you are an employer
Copy the statutory language almost verbatim, because Oklahoma courts read § 219A literally and a single extra word such as 'indirectly' will collapse the entire provision.
If you are a worker
You can take a competing job in Oklahoma no matter what your contract says; the only conduct your former employer can lawfully police is your direct pitching of its established customers.
| Classification | Statutory prohibition with one narrow customer-solicitation carve-out |
|---|---|
| Pay threshold | None. The prohibition applies to every employee regardless of pay. |
| Maximum term | Not applicable to general non-competes, which are void whatever their length. A compliant direct-solicitation restraint carries no statutory time ceiling, so its duration is tested for reasonableness under ordinary contract principles. |
| Notice or consideration | Nothing in Title 15 requires advance notice or a waiting period. Standard consideration rules apply. |
| Primary statute | 15 Okla. Stat. § 217 (general voiding rule) with the employment exception at 15 Okla. Stat. § 219A; sale-of-business and partnership carve-outs at §§ 218-219 |
A covenant signed in another state
Oklahoma voids out-of-state choice-of-law and forum-selection clauses for workers who primarily live and work there, under public-policy case law. Signing in a friendlier jurisdiction does not rescue a covenant once Oklahoma law applies.
Detail
What has changed, and what is still moving
Legislation 2024–2026
None. Section 219A has stood unchanged since Laws 2001, ch. 406, § 4 took effect on June 4, 2001, and no measure touching it was enacted in 2024, 2025, or 2026.
Bills to watch
No significant restrictive bills pending
Leading cases
Autry v. Acosta, Inc., 2018 OK CIV APP 8, is the practical guide: the court voided an Acosta covenant because it barred 'indirect' solicitation and reached the business of 'selling, soliciting, or promoting the sale of' clients, both of which travel past the statutory text. Note that Howard v. Nitro-Lift Technologies, 2011 OK 98, is frequently miscited; the U.S. Supreme Court vacated it per curiam in Nitro-Lift Technologies, L.L.C. v. Howard, 568 U.S. 17 (2012), on arbitration-delegation grounds.
If you have one in hand
What can make a non-compete unenforceable in Oklahoma
- The statute itself. Oklahoma voids employment non-competes, so the clause fails without any argument about how reasonable it is.
- 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 Oklahoma.
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
Oklahoma non-compete questions
Are non-compete agreements enforceable in Oklahoma?
Oklahoma starts from the position that any bargain restraining someone from practicing a lawful trade is void, then reopens the door by exactly one inch. A departing employee is free to enter the same line of work, compete head-on, and even serve the old employer's customers, so long as the employee does not directly solicit sales from customers the employer had already established. Anything in the contract that conflicts with that formula is declared void by the statute itself, which leaves employers no room to argue a broader clause was merely overzealous drafting.
How long can a non-compete last in Oklahoma?
No length is enforceable. Oklahoma voids employment non-competes whatever their duration, so a three-month restriction fails on the same ground as a three-year one. The exceptions are tied to ownership, not employment.
Is there a minimum salary for non-competes in Oklahoma?
No, and it would not help. The Oklahoma ban is pay-blind: it protects a minimum-wage worker and a senior executive on exactly the same terms.
What notice or consideration does Oklahoma require?
Nothing in Title 15 requires advance notice or a waiting period. Standard consideration rules apply.
Can an out-of-state employer enforce a non-compete against a Oklahoma worker?
Often not. Oklahoma voids out-of-state choice-of-law and forum-selection clauses for workers who primarily live and work there, under public-policy case law. A covenant signed elsewhere can still fail once Oklahoma law applies.
Sources
How this entry was checked
- Primary source. 15 Okla. Stat. § 217 (general voiding rule) with the employment exception at 15 Okla. Stat. § 219A; sale-of-business and partnership carve-outs at §§ 218-219 — the statutory text itself.
- Secondary sources consulted. 15 Okla. Stat. § 219A (Justia), Autry v. Acosta, Inc., 2018 OK CIV APP 8 (Doerner Saunders analysis), Nitro-Lift Technologies, L.L.C. v. Howard, 568 U.S. 17 (2012), Oklahoma Bar Journal, Addison Law Firm Oklahoma non-compete guidance.
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.