Washington · Compliance · Updated April 2026

Non-competes valid only above $126,858.83 in 2026.

Washington's non-compete law (RCW 49.62, enacted 2020) is one of the most worker-protective in the country. Non-competes are unenforceable against workers earning below specific thresholds, indexed annually. 2026 thresholds: $126,858.83 for employees, $317,147.09 for independent contractors. Workers earning at least $34.26/hr cannot be restricted from holding a second job. The law also requires advance disclosure (before acceptance), payment during enforcement of the non-compete (50% of base wage), and limited duration (typically 18 months). Non-conforming agreements are void by statute.

Employee 2026
$126,858.83
Contractor 2026
$317,147.09
Moonlighting
$34.26/hr
Active

Non-Compete Threshold Configuration

Validates non-compete agreements against current WA thresholds. Tracks annual CPI updates. Surfaces worker compensation in relation to threshold for enforceability analysis.

Block non-compete below threshold
Track CPI threshold updates
Always running

What those rules do as employment agreements go through.

The hero card configuration: Block on under-threshold, Flag on annual updates.

Block · non-compete below threshold

When an employment agreement includes non-compete language but the worker's annualized compensation falls below the WA threshold, Teambridge flags the agreement as unenforceable. The agreement can save (advisory enforcement is permitted) but the unenforceability is documented.

Flag · annual threshold update

L&I publishes new thresholds annually. Teambridge tracks the update and re-evaluates active non-compete agreements against the new threshold. Workers who were below threshold and now above (or vice versa) surface for review.

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The rule, plainly stated

Three thresholds, all CPI-indexed annually.

Washington's non-compete framework is unusually strict among states: not just enforceability limits but also disclosure requirements, payment during enforcement, and specific damages for void agreements.

RCW 49.62 (effective 2020, annually updated): A noncompetition covenant is void and unenforceable against an employee unless the employee's earnings from the party seeking enforcement, when annualized, exceed [the threshold amount], adjusted annually for inflation. A noncompetition covenant entered into during employment must be supported by independent consideration.

Three thresholds for 2026

RCW 49.62 establishes three distinct compensation thresholds, all CPI-indexed: (1) Employee threshold $126,858.83/year — annualized total compensation below this voids the non-compete. (2) Independent contractor threshold $317,147.09/year — same principle for non-employee workers. (3) Moonlighting threshold $34.26/hr — workers below this rate cannot be restricted from holding a second job. The thresholds update annually based on CPI; L&I publishes the new figures each year.

Substantive requirements beyond thresholds

Even for workers above threshold, the non-compete must be: (1) disclosed to the worker in writing no later than the time of accepting employment (or with independent consideration if added later), (2) limited in duration — 18 months is the rebuttable presumption, with longer durations requiring justification, (3) supported by garden leave (50% of base salary during enforcement) for layoffs. Non-conforming agreements are void.

On autopilot

Teambridge tracks compensation against thresholds.

Non-compete enforceability is a moving target — annual CPI updates mean a worker who was above threshold can drop below, or vice versa. Continuous tracking is the only way to know.

01 · Threshold tracking

Annual CPI updates ingested.

L&I publishes new thresholds each year. Teambridge ingests the update and re-runs enforceability analysis against all active non-compete agreements.

02 · Compensation comparison

Annualized total comp.

For each worker with a non-compete, total compensation (base + commissions + bonuses + equity grants vesting in the year) annualizes for comparison to the threshold. Multiple comp components aggregate correctly.

03 · Status changes surface

Crossings flag for review.

When a worker's annualized comp crosses the threshold (either direction), the system surfaces the change. Drops below threshold mean the non-compete is now unenforceable; rises above mean it may now be enforceable (subject to other requirements).

04 · Audit trail

Decision support.

Every non-compete decision logs with: applicable threshold, worker comp at time of decision, supporting documentation. Defensible if challenged.

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FAQ

People also ask.

What are Washington's 2026 non-compete thresholds?
Employee: $126,858.83/year annualized. Independent contractor: $317,147.09/year. Moonlighting: $34.26/hr (below this, workers cannot be restricted from holding a second job). All thresholds adjust annually based on CPI.
What if a worker was above threshold but drops below?
The non-compete becomes unenforceable. RCW 49.62 looks at compensation at the time of enforcement, so a worker who's now below threshold can defeat enforcement even if they were above when the agreement was signed.
Are non-solicitation agreements covered?
No. Non-solicitation (of customers or employees) is excluded from RCW 49.62's scope. Same for confidentiality, trade-secret protection, and severance-negotiated non-competes. The strict thresholds apply only to non-competition (working for competitors).
What's 'garden leave'?
Payment during the non-compete enforcement period when the worker is laid off. RCW 49.62 requires the employer to pay 50% of the worker's base salary during the enforcement period or release the non-compete. This makes lay-off enforcement expensive in practice.
How long can a non-compete last?
18 months is the rebuttable presumption. Longer durations require specific justification (e.g., trade-secret protection that genuinely needs more time). 18 months satisfies the standard for most cases without further argument.
Can out-of-state agreements get around this?
No. RCW 49.62.050 voids any choice-of-law or forum clause that would apply non-WA law or require litigation outside WA for WA-based workers. Out-of-state employers cannot escape WA's framework by contract.
How does Teambridge handle this?
Annual CPI thresholds ingest automatically. Worker compensation annualizes for comparison. Crossings (above/below threshold) surface for review. Each non-compete decision logs with supporting documentation for audit defense.