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ARTICLE · 06 AUGUST 2019

Washington Restricts Use of Non-Competition Agreements

An employer must disclose the terms of the non-competition agreement in writing to a prospective employee no later than the time of acceptance of the offer.

United StatesIntellectual Property

Earlier this year, Washington adopted a new law—Engrossed Substitute House Bill 1450—that places significant restrictions on the enforceability of non-competition agreements. The law applies to "every written or oral covenant, agreement, or contract by which an employee or independent contractor is prohibited or restrained from engaging in a lawful profession, trade, or business of any kind." Importantly, the law does not address nonsolicitation, confidentiality, or trade secrets agreements. Employers using non-competition agreements should understand the key provisions of the law—which takes effect on January 1, 2020—and how they affect their non-competition agreements.

Significant Provisions of Washington's New Law

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