WAS LEG Noncompetition Covenants


On Mar. 13, WAS LEG enacted bill on void, unenforceable covenants.


  • WAS LEG enacted SB 5935 re noncompetition covenants, amends WAS LEG 49.62.005 (findings), WAS LEG 49.62.010 (definition), WAS LEG 49.62.020 (void, unenforceable).
  • In addition, bill made amendments to WAS LEG 49.62.050 (unenforceable provisions).
  • WAS LEG 49.62.080 (violation, relief, remedies), WAS LEG 49.62.090 (conflict of laws)
  • Bill Provisions
  • Amended definition noncompetition covenant; removed language that covenant is void against employee; removed requirement re aggrieved person be party to covenant.
  • Bill does not prohibit cause of action if covenant signed before Jan. 1, 2020, is being explicitly leveraged; also, adds to the laws displaced by the noncompete provisions.
  • To include certain contract principles related to discharge by assent or alteration.
  • Legislative History
  • On Jan. 8, 2024, bill was introduced in Senate; on Feb. 6, 2024, bill passed in Senate.
  • On Feb. 8, 2024, bill was introduced in House; on Feb. 22, 2024, bill passed in House.
  • On Mar. 13, 2024, bill was signed by the governor, enacted as Chapter 43, 2024 laws.
  • Effectiveness
  • Laws go into effect 90 days after the adjournment of the session, on Jun. 5, 2024.

Regulators WAS LEG
Entity Types Corp
Reference Ch. 43, Bill SB5935, 3/13/2024; Citation: *WAS LEG* 49.62.005, 49.62.010, 49.62.020, 49.62.050, 49.62.080, 49.62.090;
Functions Compliance; HR; Legal
Countries United States of America
Category
State
Products Corporate
Regions Am
Rule Type Final
Rule Date 3/13/2024
Effective Date 6/5/2024
Rule Id 204610
Linked to N/A
Reg. Last Update 3/13/2024
Report Section US Investment

Last substantive update on 03/18/2024