Washington’s non-competition agreement law governs when a non-competition agreement may be considered valid or enforceable under state law.

The Antitrust Division of the Attorney General’s Office has a web page dedicated to labor and antitrust topics. On this web page, there is a section about non-compete agreements. It includes a document that answers the most common questions the Attorney General’s Office receives regarding non-compete agreements. You can also send an email if you have questions or to report possible violations.

Earnings Thresholds

One aspect to the restrictions in Washington’s non-competition law is related to earnings. Only employees or independent contractors who earn more than the thresholds established by law can be held to non-competition agreements. If an employee or independent contractor has earnings less than the threshold specified under law, the non-compete agreements is considered void and unenforceable under RCW 49.62. These thresholds are established in RCW 49.62.020 (for employees) and RCW 49.62.030 (for independent contractors).

Pursuant to RCW 49.62.040, the Department of Labor & Industries must adjust these thresholds for inflation each year.