Workers who earn less than double the national minimum hourly wage in force cannot be prevented from having extra work, working as independent contractors or being self-employed. The disclosure obligation is a positive development. As non-competitors have multiplied, they are considered a standard contractual term in some sectors. This can lead employees to enter a non-compete clause without realizing how it limits their ability to find a job after they leave. By requiring employers to disclose the conditions of non-competition in writing in a timely manner, the law ensures that workers provide additional information about what they are invited to do. Whatever your personal beliefs about non-competition, you need to know how recent changes to Washington state law will impact your business. A new Washington non-competition clause, which affects both existing and new agreements, entered into force on 1 January 2020. Undeclared work is when an employee works more than one job. The non-compete clause ensures that some low-income workers can take moonlight from their employer without restriction. Non-competition clauses are legal and enforceable in washington state.
Different sectors may have their own non-competition rules and which related measures are acceptable. Thus, RCW 49.44.200 regulates prohibitions of competition in broadcasting. The Washington State Department of Laboratories and Industries regulates and enforces all labor and related law matters in the state. For more information on non-competition rules and other parts of employment contracts, please contact our firm. One of the characteristics of the law is the presumption that a non-competition clause exceeding 18 months after employment is inappropriate and unenforceable. This presumption can be rebutted, but only by clear and convincing evidence (a fairly high burden of proof) that a longer duration is necessary to protect the party`s business or good business. The new law provides for the right to the use of non-state rules of jurisdiction and choice. In keeping with similar codified restrictions across the country, the strength of this provision outside of Washington`s public courts is questionable in light of the Supreme Court decision of Atlantic Marine Construction Co., Inc.
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