Friday, July 16, 2021
As we previously reported, D.C. Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) into law on January 11, 2021. The Act is one of the most restrictive (if not
the most restrictive) non-compete laws in the country. Not only does the Act ban nearly all post-employment non-compete agreements for D.C. employees, but it also bans any policy or agreement that prohibits D.C. employees from simultaneously working for other employers. Employers have been struggling to not only address how to handle the simultaneous employment ban, but also what should be a simple matter: when does the Act go into full effect? The Act unhelpfully ties its critical “applicability date” to the date its fiscal effect is included in an approved fiscal plan and budget, leaving employers scrutinizing D.C.’s budget developments to be sure they know when the law is in full effect.
Councilmember Elissa Silverman proposed the Non-Compete Conflict of Interest Clarification Amendment Act of 2020, which would amend D.C.’s Ban on Non-Compete Agreements Amendment Act of 2020
Quick Hit. On May 21, 2021, Councilmember Elissa Silverman proposed the Non-Compete Conflict of Interest Clarification Amendment Act of 2021 (the “Bill”), which would amend D.C.’s Ban.