July 1, 2022

Volume XII, Number 182

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Washington, D.C. Ban on Non-Competes Postponed Until October 2022

The D.C. Council (the “Council”) is poised to further postpone the Ban on Non-Compete Agreements Amendment Act of 2020 (D.C. Act 23-563) (the “Act”). On March 1, 2022, Councilmember Elissa Silverman introduced emergency legislation (B24-0683) that would push back the Act’s applicability date from April 1 to October 1, 2022. Councilmember Silverman simultaneously introduced and the D.C. Council adopted an emergency declaration resolution (PR24-0603) allowing the measure to proceed directly to Mayor Muriel Bowser’s desk for signing after a single reading.

As we previously reported here and here, the Act prohibits employers from requiring or requesting that an employee sign any agreement containing a non-compete provision. In response to concerns raised by the employer community, Councilmember Silverman introduced an amendment (Bill 24-256) that would, among other things, clarify the Act’s effect on conflict of interest and confidentiality provisions. Although the Council previously delayed the Act’s applicability date from October 2021 to April 1, 2022, the Council had not been expected to vote on the amendment by April 1. This second postponement provides additional time to move Councilmember Silverman’s amendment through the Committee on Labor and Workforce Development and D.C. Council, and gives employers a few more months to make necessary changes within their own business practices to be in compliance.

Despite this resolution to delay the applicability date, and the Council’s intent to clarify the Act, District employers should continue to prepare for the implementation of the ban on non-compete acts. While some contours of the ban may change when the Council acts upon the proposed amendments, the Act itself is unlikely to be repealed. We will continue to monitor and provide updates as the amendments continue through the legislative process.

©2022 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XII, Number 62
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About this Author

Nathaniel M. Glasser, Epstein Becker, Labor, Employment Attorney, Publishing
Member

NATHANIEL M. GLASSER is a Member of the Firm in the Labor and Employment practice, in the Washington, DC, office of Epstein Becker Green. His practice focuses on the representation of leading companies and firms, including publishing and media companies, financial services institutions, and law firms, in all areas of labor and employment relations.

Mr. Glasser’s experience includes:

  • Defending clients in employment litigation, from single-plaintiff to class action disputes,...

202-861-1863
Eric I. Emanuelson, Jr. Law Clerk New York
Law Clerk

ERIC I. EMANUELSON, JR.,* is a Law Clerk – Admission Pending – in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green. He will be focusing his practice on disability laws, employment litigation, and employment training, practices, and procedures.

Prior to joining Epstein Becker Green, Mr. Emanuelson worked as a Legal Intern at the General Counsel’s Office of the largest labor union representing federal government employees. He also served as a Legislative Aide to Connecticut State Senator Edward Meyer.

Mr...

212-351-3759
Tiffany Sarchet Labor Lawyer Epstein Becker Green
Associate

Tiffany Sarchet brings her dedication and client-focused approach to supporting businesses’ employment and labor law needs. In addition to working on diversity, equity, and inclusion compliance solutions, she conducts research for upcoming mediation and arbitration proceedings and assists with trial preparation.

As a first-year law student, Tiffany worked as a Research Assistant for Professor Sharon Dolovich, researching prison law and policy. Throughout law school, she co-founded and co-chaired the Queer & Transgender People of Color Collective; co-chaired the OUTLaw student...

310-557-9534
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