Update – Mayor Bowser signed the amendment on March 28, 2022, officially pushing back the Act’s applicable date to October 1, 2022.

The District of Columbia’s ban on non-compete agreements is delayed again. As we previously reported, the DC Government enacted The Ban on Non-Compete Agreements Amendment Act (the “Act”) in January 2021, which creates one of the most comprehensive non-compete bans in the country. The Act generally prohibits all non-competes in the District, subject to very narrow exceptions, including significant limits on employers’ ability to prohibit simultaneous employment. The Act became law in March 2021, but its restrictions were tied to an “applicability date” that left uncertainty about when the Act would take effect. In May 2021, Councilmember Elissa Silverman proposed Bill 24-256, the Non-Compete Conflict of Interest Clarification Act of 2022, which would amend the Act. In August 2021, Mayor Bowser signed legislation amending the Act so that its “applicability date” would be April 1, 2022. It was expected that the Act would be amended to address concerns about how the Act applies to employers’ conflict of interest and ethics policies. But, with the Act poised to become fully effective, there had been no movement on Bill 24-256 or any other reform initiatives.

On March 1, 2022, the DC Council gave employers a little relief by passing an amendment which would delay the Act’s applicability to October 1, 2022. All but one Councilmember voted yes in favor of the postponement, which will now be sent to the Mayor, who is expected to sign it. This delay will hopefully provide sufficient time for the Council to consider amendments to the Act before it goes into effect.

We will continue to report on developments related to the Act.

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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.

Photo of E. Sydney Cone E. Sydney Cone

Sydney Cone earned her J.D. from Tulane University Law School, where she was the Senior Online Editor of the Tulane Maritime Law Journal and co-president of Tulane Women in the Law.

Prior to law school, Sydney was a paralegal for Lankler, Siffert, and…

Sydney Cone earned her J.D. from Tulane University Law School, where she was the Senior Online Editor of the Tulane Maritime Law Journal and co-president of Tulane Women in the Law.

Prior to law school, Sydney was a paralegal for Lankler, Siffert, and Wohl, LLP, focusing on white collar criminal and civil litigation.