Are Non-Competes Enforceable: Understanding Changes to Non-Compete Laws by State

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This Activity has been APPROVED for SHRM Re-Certification Credits

Finding that “workforce mobility is important to economic growth and development,” Washington joined a growing small number of states last month to pass legislation that will significantly restrict noncompetition agreements with both employees and independent contractors.

The law sets a number of limits on non-competition agreements, from a minimum required salary level and limitation on length of the non-competition period.  The law also prohibits “no moonlighting” policies for lower wage workers and contains hurdles to enforcement of non-competition agreements.

Another trap is that while the law is not effective until next January 2020, the law applies to existing agreements even enforcement is sought after this date.

This presentation will place Washington’s law in the context of other West Coast states’ approaches to these issues.

Employers who have any non-competition agreements or policies will want to attend to aid in development of their strategic plan to protect trade secrets and unfair competition.

About Catharine

Catharine Morisset is a litigation partner in Fisher Phillip’s Seattle office, representing local and national employers in litigation in state and federal courts, on appeal, and also before the EEOC and similar state agencies in all aspects of workplace law, such as the ADA, ADEA, FLSA, FMLA, FCRA, NLRA, Title VII, UTSA, and similar state laws. From the outset, Catharine works with clients to develop a strategy that leads to successful resolutions, whether it is a meticulous plaintiff’s deposition, motion to dismiss, favorable mediation, or trial success.

Catharine believes in working closely with clients to address workplace issues proactively and as a valued partner to develop a successful workforce.  She uses her litigation experience to work closely with clients across all industries to provide effective preventive counseling and workforce training. Catharine is an experienced management and workforce trainer, sharing her legal knowledge and experience in an accessible, dynamic, and interactive manner.

As part of her commitment to fostering successful workplaces, Catharine is an active member of the Society for Human Resource Management (SHRM).  She is an accomplished speaker, who is often invited to address members across the state and the Pacific Northwest in all areas of workplace law. Catharine proudly demonstrates her commitment to advancing women in the legal profession as an Ambassador to the firm’s Women’s Initiative and Leadership Council.