July 4, 2022

Volume XII, Number 185

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July 01, 2022

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DC Non-Compete Ban Further Delayed Until October 1, 2022

As ArentFox Schiff previously outlined, the Council of the District of Columbia initially passed the Act on December 15, 2020. If implemented, the Act would largely ban employers from requiring their DC employees to sign non-compete agreements. 

Other key provisions of the Act include:

  • Employers must provide their employees with a written notice regarding the ban on non-compete agreements.

  • Employers may not retaliate against an employee for refusing to sign a non-compete, asking or complaining about the existence, applicability, or validity of a non-compete provision, or requesting the employer provide the written notice language required by the Act.

  • A carve-out for agreements restricting employees from disclosing employer confidential information and for non-compete agreements entered into in conjunction with the sale of a business.  

The delay provides the Council with additional time to consider amendments to the Act. Councilmember Silverman has proposed an amendment regarding the Act’s conflict of interest and confidentiality agreement provisions. The amendment, which ArentFox Schiff previously discussed, clarifies that employers can prohibit employees from working for competitors during their employment if doing so would create a “bona fide conflict of interest.”  

Employers should continue reviewing and revising their existing employment agreements and policies. ArentFox Schiff will continue to monitor the DC Council’s actions and provide updates on any amendments to the Act.  

© 2022 ArentFox Schiff LLPNational Law Review, Volume XII, Number 91
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About this Author

Linda M. Jackson
Partner

Linda represents clients in high-stakes counseling and litigation before federal, state, and appellate courts. She has a particular focus in the District of Columbia and the Eastern District of Virginia, also known as the “Rocket Docket,” as well as the state trial courts in Northern Virginia.

Linda has represented clients in a variety of industries,  such as technology, government contracting, professional services, associations, telecommunications, commercial and residential development, airlines and more.

Linda...

202-775-5785
Andrew Baskin ArentFoxSchiff
Associate

Andrew represents clients in a wide variety of complex litigation matters, including employment, corporate, ERISA, restrictive covenants, and labor relations. 

Andrew has considerable experience in labor and employment matters, and advocates on behalf of employers in state and federal court, during collective bargaining negotiations, and at arbitration hearings. Andrew also offers advice and counsel at the administrative level before the EEOC, NLRB, OFCCP, and other state administrative agencies.

In addition, Andrew...

202-350-3772
Michael L. Stevens ArentFoxSchiff
Partner

Mike is active in firm management. He previously served on the firm’s Executive and Financial Management Committees and currently sits on the firm’s Compensation Committee. In addition to being a Practice Group Leader, he co-manages the firm’s Litigation Department.

202-857-6382
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