Just a reminder, the new D.C. limitation on non-competes takes effect October 1, 2022.
As we previously reported in our Alerts dated July 26, 2022, March 14, 2022, September 21, 2021, and January 11, 2021, the law provides several exceptions. For D.C. employers who want to continue to use non-competes but are concerned about individuals who make less than $150,000 in total compensation per year, another option is to include non-compete restrictions as part of a long-term incentive agreement to provide performance-driven incentives typically earned over more than one year such as bonuses, phantom stock shares, or stock appreciation rights.
If this is something that interests you and you want to learn more, we would be happy to help.
