§ 32–581.02. Prohibition on non-compete provisions for covered employees.

(a)(1) Beginning October 1, 2022, no employer may require or request that a covered employee sign an agreement or comply with a workplace policy that includes a non-compete provision.

(2) A non-compete provision that violates paragraph (1) of this subsection contained in an agreement between a covered employee and an employer that was entered into on or after October 1, 2022, shall be void as a matter of law and unenforceable.

(b) No employer may retaliate or threaten to retaliate against a covered employee for:

(1) The covered employee's refusal to agree to a non-compete provision or non-compete agreement that is prohibited under subsection (a) of this section;

(2) The covered employee's alleged failure to comply with a non-compete provision or non-compete agreement that is prohibited under subsection (a) of this section;

(3) Asking, informing, or complaining about the existence, applicability, or validity of a provision in a workplace policy or employment agreement that the employee reasonably believes is prohibited under subsection (a) of this section or making a request for a copy of such a provision to:

(A) An employer, including the covered employee's employer;

(B) A coworker;

(D) A governmental entity; or

(4) Asking the employer for the information required to be provided to the employee pursuant to § 32-581.03a.

(Mar. 16, 2021, D.C. Law 23-209, § 102, 68 DCR 000782; Sept. 21, 2022, D.C. Law 24-175, § 2(a), 69 DCR 009910.)

Applicability

Section 2 of D.C. Law 24-132 amended section 302 of D.C. Law 23-209 to provided that the creation of of this section shall apply as of October 1, 2022.

Section 2 of D.C. Act 24-455 amended section 302 of D.C. Law 23-209 to provided that the creation of this section shall apply as of October 1, 2022.

Section 2 of D.C. Act 24-350 amended section 302 of D.C. Law 23-209 to provided that the creation of this section shall apply as of October 1, 2022.

Section 7202 of D.C. Law 24-45 amended section 302 of D.C. Law 23-209 to provided that the creation of this section shall apply as of April 1, 2022.

Section 7202 of D.C. Act 24-159 amended section 302 of D.C. Law 23-209 to provided that the creation of this section shall apply as of April 1, 2022.

Applicability of D.C. Law 23-209: § 302 of D.C. Law 23-209 provided that the creation of this section by § 102 of D.C. Law 23-209 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 102 of Non-Compete Clarification Emergency Amendment Act of 2022 (D.C. Act 24-552, Aug. 15, 2022, 0 DCR 0).