July 4, 2022

Volume XII, Number 185

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D.C.’s Ban on Non-Compete Agreements Applicability Date Postponed to October 1, 2022

The District of Columbia “Ban on Non-Compete Agreements Amendment Act of 2020” applicability date has been postponed from April 1 to October 1, 2022. The law broadly prohibits D.C. employers from requiring or requesting that D.C. employees agree to non-competition provisions and requires employers to provide notices informing covered employees.

Last spring, in response to concerns raised by the business community, Councilmember Elissa Silverman introduced an amendment to the D.C. non-compete ban that was intended to clarify that employers still could prohibit conflicts of interest and bar employees from misusing their confidential information during or after employment. At the Councilmember’s request, the D.C. Council deferred the ban’s applicability date to April 1, 2022, to allow time to consider the proposed amendment. After an initial flurry of activity, culminating in a public hearing on July 14, 2021, further consideration of the proposed amendment appeared to stall. 

During their March 1, 2022, legislative meeting, the D.C. Council adopted an emergency resolution that further postponed the D.C. non-compete ban’s applicability from April 1 to October 1, 2022, to give the Council additional time to move the proposed amendment through the committee process. We will continue to monitor these developments and update you if the applicability date is again postponed.

In the meantime, employers should assume that the applicability date will be October 1, 2022, and act now to ensure they do not run afoul of the non-compete ban once it does become applicable.

Jackson Lewis P.C. © 2022National Law Review, Volume XII, Number 85
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About this Author

Matthew F. Nieman, Jackson Lewis, employment discrimination lawyer, tort contract claims attorney
Principal and Office Litigation Manager

Matthew F. Nieman is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He also serves as the Litigation Manager for the office.

Mr. Nieman represents employers in a broad spectrum of labor and employment law matters, including discrimination, retaliation, wage and hour, whistleblower claims (including Dodd-Frank, the False Claims Act, and Sarbanes-Oxley), questions related to the Uniformed Services Employment and Re-employment Rights Act of 1994 (“USERRA”), and workplace drug-testing issues. He is ...

703-483-8331
Joseph E Schuler, Real Estate Trust, Trade Secrets Action, Jackson Lewis Law Firm
Principal

Joseph E. Schuler is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He has litigated claims for breach of non-competition agreements, theft of trade secrets, and/or breach of the duty of loyalty in Maryland, Virginia, and the District of Columbia.

Mr. Schuler recently represented a publicly-traded real estate trust in a breach of trade secrets action against a former employee and start-up competitor backed by a national real-estate firm, resulting in a settlement that provided the client with a mid-six figure recovery and a non-compete...

703-483-8332
Caroline H. Cheng Associate Collegiate and Professional Sports Employee Benefits
Associate

Caroline H. Cheng is an Associate in the Washington, D.C. Region office of Jackson Lewis P.C. She advises and represents organizations in a wide variety of U.S. and cross-border employment, discrimination, harassment, wage and hour, compliance, and transactional matters.

Ms. Cheng’s practice focuses on counseling employers to help avoid litigation.  As part of her practice, Ms. Cheng provides daily advice and assists clients with workplace investigations and audits.  She also drafts employment and restrictive covenant agreements and works closely with clients...

703-483-8300
Associate

Alyssa Testo is an associate in the Washington, D.C. Region office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

703-483-8300
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