State-by-State Comparison

Non-compete extensions during breach vary by US state

This page lists each US state alongside the structured summary answer for whether a restriction is extended during a breach.

Last reviewed

See the full U.S. survey

Non-compete extensions during breach by state (56 jurisdictions)

JurisdictionAnswerLast reviewed
AlabamaNot addressed by statute; no case law found in our review
AlaskaNot addressed by statute; no case law found in our review
American SamoaNot addressed by statute; no case law found in our review
ArizonaNot addressed by statute; no case law found in our review
ArkansasOpen question — prospective injunctions allowed, contractual tolling unsettled
CaliforniaNo (covenant is void)
ColoradoOpen question — threshold must be met at enforcement, cutting against extension
ConnecticutNot addressed by statute; no case law found in our review
DelawareNot addressed by statute; no case law found in our review
District of ColumbiaOpen question — caps run as fixed days from separation
FloridaNot addressed by statute; no case law found in our review
GeorgiaNo — courts will not extend beyond expiration
GuamNot addressed by statute; no case law found in our review
HawaiiNot addressed by statute; no case law found in our review
IdahoNot addressed by statute; no case law found in our review
IllinoisNot addressed by statute; no case law found in our review
IndianaUnsettled
IowaUnsettled
KansasNo — Doan declined an indefinite tolling-during-breach clause
KentuckyUnsettled
LouisianaNo authority found in our review — likely barred by 2-year cap
MaineNot addressed by statute; no case law found in our review
MarylandUnsettled
MassachusettsNo automatic extension; statutory misconduct trigger (up to 2 yrs) or express tolling clause
MichiganUnsettled
Minnesota—
MississippiNo judicial tolling (Frierson); express extension clause given effect (Cascio)
MissouriNot addressed by statute; no case law found in our review
MontanaNot addressed by statute; no case law found in our review
NebraskaNot addressed by statute; no case law found in our review
NevadaNot addressed by statute; no case law found in our review
New HampshireNot addressed by statute; no case law found in our review
New JerseyYes — court may toll the restricted period during an actual breach (ADP v. Kusins)
New MexicoNot addressed by statute; no case law found in our review
New YorkNot addressed by statute; no case law found in our review
North CarolinaExpress tolling clauses enforced (federal courts); equitable tolling unsettled
North DakotaNot addressed by statute; no case law found in our review
Northern Mariana IslandsNo authority found in our review — rely on an explicit tolling clause kept within § 188 reasonableness
OhioYes — a covenant may not expire while enforceability is litigated (Homan)
OklahomaNot addressed by statute; no case law found in our review
OregonNo authority found in our review — 12-month-from-termination cap cuts against tolling
PennsylvaniaUnsettled
Puerto RicoNo authority found in our review — risky if it pushes enforcement past the 12-month ceiling
Rhode IslandNot addressed by statute; no case law found in our review
South CarolinaPoints against it — extending past stated end date is against public policy (Stonhard)
South DakotaNot addressed by statute; no case law found in our review
TennesseeOpen question — 2026 statute silent
TexasUnsettled — any extension must satisfy § 15.50(a) reasonableness
U.S. Virgin IslandsNot addressed by statute; no case law found in our review
UtahNo safe extension — one-year cap runs from separation; equitable tolling within the cap open
VermontNo equitable rewriting of the time term (Roy's Orthopedic)
VirginiaNot resolved — strict construction makes an extension clause an overbreadth risk
WashingtonNot addressed by statute; no case law found in our review
West VirginiaNot addressed by statute; no case law found in our review
WisconsinNo — an extension-during-breach clause voids the entire covenant (H&R Block v. Swenson)
WyomingNot addressed by statute; no case law found in our review