RCW 49.62.005 Findings. The legislature finds that workforce mobility is important to economic growth and development. Further, the legislature finds that agreements limiting competition or hiring may be contracts of adhesion that may be unreasonable. [ 2019 c 299 § 1.]
RCW 49.62.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) “Earnings” means the compensation reflected on box one of the employee’s United States internal revenue service form W-2 that is paid to an employee over the prior year, or portion thereof for which the employee was […]
RCW 49.62.020 When void and unenforceable. (1) A noncompetition covenant is void and unenforceable against an employee: (a)(i) Unless the employer discloses the terms of the covenant in writing to the prospective employee no later than the time of the acceptance of the offer of employment and, if the agreement becomes enforceable only at a […]
RCW 49.62.030 When void and unenforceable against independent contractors. (1) A noncompetition covenant is void and unenforceable against an independent contractor unless the independent contractor’s earnings from the party seeking enforcement exceed two hundred fifty thousand dollars per year. This dollar amount must be adjusted annually in accordance with RCW 49.62.040. (2) The duration of […]
RCW 49.62.040 Dollar amounts adjusted. The dollar amounts specified in RCW 49.62.020 and 49.62.030 must be adjusted annually for inflation. Annually on September 30th the department of labor and industries must adjust the dollar amounts specified in this section by calculating to the nearest cent using the consumer price index for urban wage earners and […]
RCW 49.62.050 Unenforceable provisions. A provision in a noncompetition covenant signed by an employee or independent contractor who is Washington-based is void and unenforceable: (1) If the covenant requires the employee or independent contractor to adjudicate a noncompetition covenant outside of this state; and (2) To the extent it deprives the employee or independent contractor […]
RCW 49.62.060 Franchisor restrictions. (1) No franchisor may restrict, restrain, or prohibit in any way a franchisee from soliciting or hiring any employee of a franchisee of the same franchisor. (2) No franchisor may restrict, restrain, or prohibit in any way a franchisee from soliciting or hiring any employee of the franchisor. [ 2019 c […]
RCW 49.62.070 Employees having an additional job—When authorized. (1) Subject to subsection (2) of this section, an employer may not restrict, restrain, or prohibit an employee earning less than twice the applicable state minimum hourly wage from having an additional job, supplementing their income by working for another employer, working as an independent contractor, or […]
RCW 49.62.080 Violation of this chapter—Relief—Remedies. (1) Upon a violation of this chapter, the attorney general, on behalf of a person or persons, may pursue any and all relief. A person aggrieved by a noncompetition covenant to which the person is a party may bring a cause of action to pursue any and all relief […]
RCW 49.62.090 Conflict of laws. (1)(a) Subject to (b) of this subsection, this chapter displaces conflicting tort, restitutionary, contract, and other laws of this state pertaining to liability for competition by employees or independent contractors with their employers or principals, as appropriate. (b) This chapter does not amend or modify chapter 19.108 RCW. (2) Except […]
RCW 49.62.100 Retroactive application. This chapter applies to all proceedings commenced on or after January 1, 2020, regardless of when the cause of action arose. To this extent, this chapter applies retroactively, but in all other respects it applies prospectively. [ 2019 c 299 § 11.]
RCW 49.62.110 Construction. This chapter is an exercise of the state’s police power and shall be construed liberally for the accomplishment of its purposes. [ 2019 c 299 § 12.]
RCW 49.62.900 Effective date—2019 c 299. This act takes effect January 1, 2020. [ 2019 c 299 § 13.]
