Select the state where the employee works or where the agreement will be enforced.
2026 Federal Status
The FTC final rule banning most non-competes (issued April 2024) was vacated by federal courts in August 2024. As of 2026, there is no federal ban in effect. State law continues to govern non-compete enforceability.
Your Results
Select a state and click check enforceability.
Embed This Calculator on Your Website
Add this free calculator to your blog, website, or CMS with a simple copy-paste embed code.
What This Calculator Does
This non-compete agreement enforceability reference tool provides state-by-state analysis of whether non-compete clauses are enforceable, including maximum permitted duration, geographic scope requirements, consideration requirements, and blue-pencil (judicial reformation) availability. It covers 15 major states with detailed 2026 legislative updates, income thresholds, and key statutory references. The tool also addresses the current federal status following the vacated FTC non-compete ban.
The Formula
Non-compete enforceability varies dramatically by state. Four states (California, Oklahoma, North Dakota, and Minnesota) ban non-competes entirely. Several states (Colorado, Illinois, Massachusetts, Washington) restrict them to workers above specific income thresholds. The remaining states enforce non-competes subject to reasonableness tests that evaluate duration, geographic scope, activity restrictions, legitimate business interest, and adequacy of consideration. Courts in some states (Texas, Florida, Georgia) can reform overbroad agreements to make them enforceable, while courts in other states (Washington) void them entirely.
Step-by-Step Example
Select the governing state
Choose the state where the employee works or where enforcement would be sought. Choice-of-law provisions may or may not be honored.
Review enforceability status
California: Banned. Non-compete agreements are void under Bus. and Prof. Code 16600.
Check duration and scope limits
Texas: Enforceable with limits. Typical maximum: 24 months. Geographic scope must be reasonable, often limited to county or metro area.
Note consideration requirements
Illinois: Requires employee to earn above $75,000/year. Must provide 14 days to review. Adequate consideration (2 years employment or other value) required.
Real-World Use Cases
Employment Agreement Drafting
Employment lawyers check state-specific requirements before drafting non-compete clauses to ensure enforceability and avoid unenforceable provisions that could void the entire agreement.
Employee Transition Planning
Workers considering a job change review whether their non-compete is likely enforceable in their state before resigning and joining a competitor.
Multi-State Compliance
Companies with employees in multiple states review enforceability differences to create compliant, state-specific restrictive covenant agreements rather than one-size-fits-all templates.
Common Mistakes to Avoid
Assuming a non-compete is enforceable just because the employee signed it. Four states ban them outright, and many others impose income thresholds, consideration requirements, and reasonableness limits that can void the agreement.
Ignoring state-specific income thresholds. Colorado, Illinois, and Washington all require employees to earn above specified minimums (adjusted annually) for non-competes to be valid.
Relying on choice-of-law provisions to import a more favorable state law. Many states refuse to enforce choice-of-law provisions that would circumvent their own protective non-compete statutes.
Not distinguishing between non-compete, non-solicitation, and confidentiality agreements. Even in states that ban non-competes, non-solicitation of clients and confidentiality agreements are often still enforceable.
Frequently Asked Questions
Accuracy and Disclaimer
Non-compete law is complex, state-specific, and rapidly evolving. This tool provides general reference information based on statutes, case law, and legislative updates current as of early 2026. It does not constitute legal advice. Enforceability depends on the specific language of the agreement, the facts of the employment relationship, and the jurisdiction where enforcement is sought. Always consult a licensed employment attorney in the relevant state for advice on drafting, enforcing, or challenging a non-compete agreement.
Related Calculators
Contingency Fee Calculator
Calculate attorney fees, case cost deductions, medical liens, and net client payout from a settlement or verdict on a contingency fee basis.
Use CalculatorLegal & ConsultingBillable Hour Calculator
Track billable hours, calculate utilization rate, weekly billing totals, and project annual revenue for attorneys and professional service firms.
Use CalculatorLegal & ConsultingSettlement Payout Calculator
Estimate net settlement payout after attorney fees, case costs, and medical liens, with an optional structured settlement comparison.
Use Calculator