Washington's Legislature Considers Limiting Non-Competes

According to the most recently available Census data, among those who moved from another state to Washington in the prior year, many times more people came up from California than from anywhere else. The Washington Legislature is presently considering whether a certain California public policy should head up I-5 as well.

Multiple bills are pending in the Washington Legislature that would have the effect of limiting the enforceability of non-competition agreements. Although Washington public policy disfavors restraints on trade, courts may enforce non-competes deemed reasonable under a multi-factor test that, among other things, considers the time and geographic scope of the restraint, and weighs the harm to the employer, the burden on the employee, and the public interest.