Non-compete analyzer
Don't sign blind.
Asked to sign a non-compete? Or already signed and now leaving? Dang reads the clause and flags duration, geographic scope, and state-by-state enforceability. Statute citations included where the state has codified the rule.
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What Dang checks for
Non-compete enforceability is the highest state-variation clause in employment law. Dang reviews the clauses and surfaces state context.
- Outright bans. Flagged when the governing state bans most non-competes. Cal. Bus. & Prof. Code § 16600, Minn. Stat. § 181.988, N.D. Cent. Code § 9-08-06, Okla. Stat. tit. 15, § 219A.
- Income-threshold restrictions. Several states ban non-competes for workers below a salary threshold. Colorado threshold is $130,014 in 2026. Colo. Rev. Stat. § 8-2-113, Wash. Rev. Code § 49.62.
- Duration. Flagged when duration exceeds 12 months. Some states (e.g., Massachusetts under Mass. Gen. Laws ch. 149, § 24L) cap at 12 months as a matter of law.
- Geographic scope. Flagged when scope is nationwide or unreasonably broad relative to the role.
- Garden-leave consideration. Required in Massachusetts; some other states recognize the principle.
- Notice requirements. Several states require advance notice before signing (Illinois requires 14 days).
State variation matters (most of all)
Non-compete enforceability turns on state law. The headline buckets:
- Outright bans: California, Minnesota, North Dakota, Oklahoma. Cal. Bus. & Prof. Code § 16600, Minn. Stat. § 181.988.
- Hourly bans: Nevada bans non-competes for hourly-paid workers.
- Income thresholds: Colorado, DC, Illinois, Maine, Maryland, New Hampshire, Oregon, Rhode Island, Virginia, Washington each set their own salary floor below which non-competes are unenforceable. Colo. Rev. Stat. § 8-2-113, Wash. Rev. Code § 49.62.
- Garden-leave required: Massachusetts requires garden leave or mutual consideration. Mass. Gen. Laws ch. 149, § 24L.
- Generally enforceable: Florida and several other states. Florida's CHOICE Act (2025) added enhanced protections.
Sample preview
24-month non-compete with nationwide scope. California fully bans most non-competes; this clause may be unenforceable for a CA-resident worker.
Source: Cal. Bus. & Prof. Code § 1660024-month duration. Most states cap at 12-18 months as a matter of reasonableness.
Nationwide geographic scope. Worth checking against state reasonableness standards.
What to ask before signing
- What state law governs this agreement, and what is my actual work state?
- Does the duration fit the state's reasonableness standard?
- Is the geographic scope tied to where I actually work?
- Did the employer provide separate consideration for the non-compete?
- Is the income threshold met if my state has one?
- Is there a garden-leave clause if my state requires one?
Frequently asked questions
Are non-competes enforceable everywhere?
No. Several states ban most non-competes outright; others restrict by income threshold; enforcement varies even within enforcing states.
What's a reasonable duration?
Most courts treat 6-12 months as reasonable for many roles. Beyond 18 months draws scrutiny.
What is garden leave?
Paid leave during the non-compete period. Some states (e.g., Massachusetts) require garden leave or mutual consideration to make a non-compete enforceable.
Can a non-compete be unenforceable even if I signed it?
Yes. Courts may strike or narrow non-competes that fail state-law standards on duration, geography, consideration, or industry. Dang flags the patterns; an attorney should evaluate enforceability for your facts.
What does this analyzer cost?
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Sources & further reading
- Cal. Bus. & Prof. Code § 16600 · California ban
- Minn. Stat. § 181.988 · Minnesota ban
- N.D. Cent. Code § 9-08-06 · North Dakota ban
- Okla. Stat. tit. 15, § 219A · Oklahoma ban
- Colo. Rev. Stat. § 8-2-113 · Colorado income threshold
- Wash. Rev. Code § 49.62 · Washington income threshold
- Mass. Gen. Laws ch. 149, § 24L · Massachusetts garden-leave
No account required · File deleted after analysis · Not legal advice. Dang reports contract findings in plain English. For consequential decisions, consult a licensed attorney in your state.