April 16, 2021

Volume XI, Number 106

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DC Mayor Signs Act Creating Near Total Ban on Non-Compete Agreements for DC Employees

On January 11, 2020, Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) into law, moving the District one step closer to implementing one of the broadest, if not the broadest bans on non-competition agreements in the country.  As we previously reported, in December 2020, the DC Council passed the Act, which broadly prohibits non-competes in the District subject to certain very narrow exceptions.  Indeed, the Act, the specifics of which are detailed here, prohibits employers from barring employees from working for competitors not only after their employment ends, but also during their employment.

Despite the Mayor’s approval, the Act is not yet in effect.  The Act will not go into effect until the expiration of the 30-day Congressional review period pursuant to the Home Rule Act – which will not begin until it is transmitted to Congress – and its publication in the District of Columbia Register.  Even so, it is expected Congress will not interfere with the Act and it will become law in the coming months.

Check back here for updates regarding this new significant development for employers with employees in District of Columbia.

 

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© 2021 Proskauer Rose LLP. National Law Review, Volume XI, Number 13
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About this Author

Guy Brenner, Labor Attorney, Proskauer Rose, arbitration proceedings Lawyer
Partner

Guy Brenner is a partner in the Labor & Employment Law Department and co-head of the Non-Compete & Trade Secrets Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues,...

202-416-6830
Caroline L. Guensberg Associate Labor & Employment Employment Litigation & Arbitration

Caroline Guensberg earned her J.D. from George Washington University Law School, graduating with honors. While attending law school, Caroline was a notes editor of the Federal Circuit Bar Journal and had her note published in the journal. Caroline was also a member of the Alternative Dispute Resolution Board and served as a writing fellow and a dean’s fellow. In addition, Caroline worked as a legal intern for the United States Equal Employment Opportunity Commission and the Federal Mine Safety Commission.

Prior to joining Proskauer, Caroline was a judicial clerk for the Connecticut...

202-416-5873
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