What’s the Deal with Non-Competes? Here’s What You Need to Know in DC, MD, VA, & FL

Imagine working hard to build your skills, only to find out you’re blocked from taking a better job in your industry because of a non-compete agreement you signed. It’s frustrating, right? Recently, the courts struck down a federal rule that would have banned these agreements nationwide, leaving us with a patchwork of state laws instead. If you’re an employer or employee in Washington, DC, Maryland, Virginia, or Florida, here’s what you need to know about non-competes in your area. Imagine building your skills only to be blocked from a better job by a non-compete agreement. Frustrating, right? With a federal ban on non-competes struck down, state laws now determine their enforceability. Here’s a quick guide for Washington, DC, Maryland, Virginia, and Florida:

Washington, DC: Most non-compete agreements are banned under the Ban on Non-Compete Agreements Amendment Act (2020), as updated in 2022. Exceptions apply to highly compensated employees (earning $150,000+) and medical specialists ($250,000+).

Maryland: Non-competes are prohibited for employees earning less than $15/hour or $31,200 annually, applying to agreements made after October 1, 2019.

Virginia: Non-competes are banned for low-wage employees, defined as those earning below the state’s average weekly wage or contractors earning less than the median hourly rate. Effective July 1, 2020, employees can seek legal remedies for violations.

Florida: Non-competes are enforceable if they are reasonable in scope and protect legitimate business interests like trade secrets, customer relationships, or specialized training.

JurisdictionRule for Non-CompetesProtected WorkersNotable Exceptions
Washington, DCMostly banned.< $150K/year≥$150K/year, medical specialists ≥ $250K/year
MarylandBanned for lower-wage workers.< $15/ hour or $31,200/year.None.
VirginiaBanned for lower-wage workers.Below median hourly wageNone.
FloridaAllowed if “reasonable”No specific income limits; case-by-case basis.Must serve legitimate business purpose.

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Whether you’re a business looking to protect your interests or an employee navigating your career, understanding these rules is critical. PLEASE CALL WEISS LLP FOR MORE INFORMATION.