District of Columbia Council Waters Down Non-Compete Ban While Keeping Some Significant Limitations

Andrew Turnbull and Eric Gebert authored an article for Employee Benefit Plan Review discussing the District of Columbia Council amending the Ban on Non-Compete Agreements Act of 2020, walking back from an earlier version of the bill that contemplated a nearly total ban for employee non-competes.

"Employers operating in the District should review their non-compete and anti-moonlighting agreements and policies in light of the new limitations in the Amendment," the authors wrote.

They added: "The Amendment continues a trend of jurisdictions, including Colorado and Illinois, cracking down on employers' use of non-compete provisions. Employers should continue to monitor developments in this area as a number of states have proposed laws seeking to limit employee non-competes and the Federal Trade Commission has stated an intent to take some action on employee non-competes in the near future."

Read the full article.