Non-Compete Laws in Washington
Restricted by income threshold
Washington restricts non-competes for employees earning less than $120,559.99 annually (2025 threshold, adjusted annually) and independent contractors earning less than $301,399.98 (2025). Non-competes are limited to 18 months for employees. The employer must disclose the non-compete terms by the earlier of acceptance of the offer or commencement of work.
Key details
| Enforceability | Restricted by income threshold |
|---|---|
| Maximum duration | 18 months |
| Income threshold | 126859 — Employees earning less than $126,858.83 annually (2026, adjusted annually) are protected. Independent contractors earning less than $317,147.09 are also protected. |
| Blue pencil doctrine | Varies |
| Garden leave required | Yes — If an employee is laid off, the non-compete is enforceable only if the employer pays the employee their base salary during the restricted period. |
| Key statute | Wash. Rev. Code §49.62 |
What this means for you
If you earn below the threshold, your non-compete is void. Even above it, non-competes are limited to 18 months and must be disclosed at hiring.
Non-compete laws in Washington: what you need to know
Washington has one of the most detailed non-compete frameworks in the country, with separate income thresholds for employees and independent contractors. For employees, non-competes are unenforceable if annual earnings are below $126,858.83 (2026 threshold, adjusted annually for inflation). For independent contractors, the threshold is $317,147.09. These are among the highest income thresholds in any state.
Washington also limits non-competes to a maximum of 18 months for employees. This duration cap applies regardless of what the agreement says. If your non-compete specifies a two-year or three-year restricted period, Washington law reduces it to 18 months.
A distinctive feature of Washington's law is its garden leave provision for laid-off employees. If you are laid off, your non-compete is enforceable only if your employer pays you your base salary during the restricted period. This means your employer cannot cut you loose and simultaneously prevent you from working for a competitor. They either pay to keep you on the sideline or release you from the restriction.
Washington requires employers to disclose the non-compete terms no later than the earlier of the acceptance of the employment offer or the commencement of work. For existing employees, the non-compete must be supported by independent consideration (such as a raise, promotion, or bonus). Simply asking a current employee to sign a non-compete without additional consideration is not sufficient.
Enforcement penalties in Washington are meaningful. An employee who prevails in a dispute over a non-compete is entitled to actual damages or a $5,000 statutory penalty, whichever is greater, plus reasonable attorney fees, costs, and expenses. This creates a strong incentive for employers to draft compliant agreements and a safety net for employees who need to challenge overbroad restrictions.
More Washington workplace laws
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Frequently asked questions about non-compete laws in Washington
For employees, the threshold is $126,858.83 per year in 2026, adjusted annually for inflation. For independent contractors, it is $317,147.09. Workers earning below these thresholds cannot be bound by non-competes.
Non-competes for employees are limited to 18 months, regardless of what the agreement specifies. Agreements longer than 18 months are presumptively unreasonable.
Only if your employer pays your base salary during the restricted period. If your employer does not make these payments, the non-compete is unenforceable.
You are entitled to actual damages or a statutory penalty of $5,000, whichever is greater, plus reasonable attorney fees, costs, and expenses.
Yes. The employer must disclose the terms of the non-compete no later than the earlier of your acceptance of the employment offer or the date you begin work. Failure to provide this disclosure may affect enforceability.