Washington has the nation’s strongest statutory protections against non-compete agreements. Effective 2022, RCW 49.62 makes non-compete agreements VOID for workers earning less than $100,000 annually (2024 figure, indexed to Seattle Consumer Price Index). For workers above the threshold, non-competes are still heavily restricted: maximum duration is 18 months, and employers MUST pay 100% of the employee’s base salary during the restriction period (full garden leave). Additionally, employers must disclose the existence of a non-compete in writing before the job offer, and workers can sue for violations with statutory damages up to $5,000 or actual damages, whichever is greater. The Washington Attorney General can also enforce violations.
If you’re a Washington worker with a non-compete or facing enforcement, understanding Washington’s strict limitations—particularly the income threshold, garden leave requirement, and damages provision—gives you powerful protections. This guide explains Washington’s statutory non-compete restrictions, how they apply, and what to do if your employer violates them.
Key Facts
| Aspect | Details |
|---|---|
| Enforceability | Yes, ONLY if employee earns ≥$100,000/year (indexed to Seattle CPI) |
| Max Duration | 18 months (any longer = unenforceable for excess period) |
| Income Threshold | $100,000/year — VOID below this (indexed annually) |
| Blue-Pencil Reform | Not applicable; duration cap is absolute |
| Garden Leave Required | YES — employer must pay 100% of base salary during restriction |
What Makes a Non-Compete Enforceable in Washington
Under RCW 49.62, non-compete agreements are enforceable ONLY if: (1) the employee earns at least $100,000 annually (2024 figure, indexed to Seattle CPI), (2) the restriction does not exceed 18 months, (3) the employer pays the employee 100% of the employee’s base salary during the restriction period, (4) the employer disclosed the non-compete in writing before making the job offer, and (5) the restriction protects a legitimate business interest (trade secrets, confidential business or professional information, substantial relationships with prospective or existing clients, or substantial relationships with prospective or existing employees).
The garden leave requirement is unique and powerful. Unlike most states, Washington requires employers to continue paying the employee’s full base salary throughout the restriction period. This dramatically increases the cost of enforcing non-competes and shifts the incentive away from broad restrictions. An employer seeking an 18-month non-compete must be prepared to pay the employee for 18 months of non-work.
Income Thresholds and Worker Exemptions
Washington’s income threshold is $100,000 annually (2024 figure). The threshold is indexed to the Seattle Consumer Price Index and adjusts annually. Check the Washington Department of Labor and Industries website for the current year’s threshold. If you earn below this amount, any non-compete signed after 2022 is automatically VOID and unenforceable. You cannot be bound by one.
Additionally, the statute provides that non-competes cannot be included in settlement agreements for workers below the income threshold, and they cannot be applied to independent contractors below the threshold either.
What Happens If You Violate One
If you are a worker earning below $100,000 annually, your non-compete is void. Your employer cannot enforce it, seek damages, or obtain an injunction. You are free to work.
If you earn $100,000 or above and violate an enforceable non-compete, your employer can seek injunctive relief and damages. However, Washington law provides powerful protections: (1) You can sue your employer for violating RCW 49.62, including for failing to pay garden leave or violating the disclosure requirement. (2) You’re entitled to statutory damages of $5,000 or actual damages, whichever is greater. (3) You can recover attorney fees and costs. (4) The Washington Attorney General can enforce violations on your behalf.
Real Situations in Washington
Seattle Technology Executive (Software/Technology): Marcus, a senior software engineer earning $150,000 annually, was hired by a Seattle tech company in 2023. The company disclosed a non-compete in writing before making the offer. The agreement restricted Marcus from working for competing software companies in Washington for 18 months and included language stating the company would pay his base salary ($150,000 per year) during the restriction. When Marcus left after two years, the company sued to enforce the non-compete. The court found the agreement compliant with RCW 49.62: income threshold met, duration at the 18-month cap, and garden leave properly specified. The non-compete was enforceable, but critically, the company had to continue paying Marcus’s salary throughout the restriction or lose the ability to enforce.
Tacoma Healthcare Employee (Healthcare/Medical): Dr. Patricia, a physician earning $85,000 annually, was required to sign a non-compete by her employer in 2023. The agreement imposed a two-year restriction. Dr. Patricia consulted an attorney, who immediately identified that her salary was below Washington’s $100,000 threshold. The non-compete was automatically void under RCW 49.62. Dr. Patricia was free to work for competitors without restriction.
Spokane Sales Manager (Sales/Retail): Jennifer, a regional sales manager earning $110,000 annually, was hired by a company in Spokane in 2023. The employer did NOT disclose a non-compete in writing before the job offer; instead, it was presented to her on her first day. When Jennifer left to work for a competitor, her employer sued to enforce the non-compete, citing an 18-month restriction. Jennifer challenged the agreement, arguing the employer violated the disclosure requirement under RCW 49.62. The court agreed that the failure to disclose the non-compete in writing before the job offer made the agreement unenforceable. Jennifer was free to work and could potentially recover statutory damages for the violation.
Common Mistakes Washington Employees Make
Not checking the current income threshold. Washington’s $100,000 threshold is indexed annually to the Seattle CPI and changes each year. Do not assume you know the current threshold. Check the Washington Department of Labor and Industries website for the current year’s figure. If you’re close to the threshold, verify your exact status.
Failing to demand payment of base salary during the restriction period. If you’re above the income threshold and bound by a non-compete, RCW 49.62 requires the employer to pay your full base salary during the 18-month restriction. If the non-compete does not include this language or the employer refuses to pay, the agreement is unenforceable or the employer is in violation. Do not accept a non-compete without explicit garden leave provision in writing.
Not recognizing the disclosure requirement violation. Washington law requires employers to disclose the non-compete in writing BEFORE making a job offer. If you were presented with a non-compete after being hired or on your first day, the employer likely violated the disclosure requirement. This is an independent ground to challenge enforcement and potentially recover statutory damages.
What to Do If You Have a Non-Compete
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Check the current income threshold. Verify your annual earnings and compare to Washington’s current $100,000 threshold (indexed to Seattle CPI). Check the Washington Department of Labor and Industries website for the current figure.
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If you’re below the threshold, you’re automatically protected. Your non-compete is void and unenforceable under RCW 49.62. You do not need to comply with it. If your employer threatens enforcement, consult an attorney immediately. You may be entitled to statutory damages ($5,000 or actual damages, whichever is greater).
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If you’re above the threshold, verify the employer meets all RCW 49.62 requirements. Check that: (a) the agreement does not exceed 18 months, (b) the agreement specifies the employer will pay 100% of your base salary during the restriction, (c) the non-compete was disclosed in writing before your job offer, and (d) the restriction protects a legitimate business interest.
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Request a written release or modification from your employer. Contact your employer (in writing, via email) asking for a release from the non-compete or confirmation that they won’t enforce it if you take a specific job. A written release eliminates uncertainty and protects you.
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If you face enforcement or threats, immediately consult a Washington employment attorney. Do not assume the non-compete is enforceable. File a response or counterclaim challenging the agreement under RCW 49.62. You may have claims for statutory damages or attorney fees. Contact the Washington Department of Labor and Industries (https://lni.wa.gov) or the Washington Attorney General’s Office (https://www.atg.wa.gov) for resources and assistance.
Related Guides
- Complete Employment Rights Guide
- Washington Wage Theft Laws: What Workers Need to Know
- Small Claims Court Guide: Suing Your Employer
Disclaimer
This article provides general information about Washington non-compete laws and is not legal advice. Non-compete agreements are void for workers earning less than $100,000 annually (2024 figure, indexed to Seattle CPI) under RCW 49.62. For workers above the threshold, non-competes are enforceable only if they do not exceed 18 months, the employer pays 100% of base salary during the restriction, the agreement was disclosed in writing before the job offer, and the restriction protects a legitimate business interest. If you are subject to a non-compete agreement or facing enforcement, consult a licensed Washington employment attorney for advice specific to your situation. Laws change; verify current income thresholds with the Washington Department of Labor and Industries.