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D.C. Employers: Have You Complied With the Non-Compete Clarification Amendment Act?

October 28, 2022

Via: LexBlog

Employers with employees in the District of Columbia have until Monday, October 31, 2022, to comply with a specific notice provision contained in the D.C. Non-Compete Clarification Amendment Act of 2022 (B24-0256) (the “Amendment”).

Non-Compete Provisions and Express Exceptions

As we previously wrote, the Amendment scales back the initial D.C. Ban on Non-Compete Agreements Amendment Act of 2020. While the Amendment still prohibits employers from binding most employees to non-compete agreements, employers may still enter into non-compete agreements with

  • “highly compensated employees,” i.e., those who are reasonably expected to earn at least $150,000 per year in total compensation from the employer; and
  • “medical specialists,” i.e., licensed physicians who receive at least $250,000 in total compensation per year from the employer.

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