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

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

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