A side-by-side comparison of how each covered jurisdiction treats employee non-compete agreements. Use country, search, and enforceability filters to narrow the full worldwide table.
Alabama voids non-competes by default but enforces an employee covenant that fits the Restrictive Covenant Act's narrow safe harbor, protects a statutory interest, and is properly signed.
Sale of business; current-customer non-solicit (18-mo); employee no-hire for uniquely essential workers; professional exemption (physicians, CPAs, veterinarians, physical therapists)
Alaska has no non-compete statute; employee covenants are enforceable under common law if reasonably necessary to protect a legitimate business interest and no broader than needed.
No non-compete statute and no on-point case law found in our review; a court would likely apply the Restatement reasonableness test, with local public policy disfavoring broad restraints.
Arizona has no general non-compete statute; an employee covenant is enforceable under common law only if reasonable and no broader than necessary to protect a legitimate business interest.
Arkansas enforces an employee non-compete that is ancillary, protects a statutory business interest, and is no broader in time and scope than necessary, with overbroad covenants reformed by the court.
Employee non-competes and customer non-solicits are void by statute, and since 2024 entering or enforcing one is a civil violation with a private right of action.
Colorado voids most employee non-competes and customer non-solicits, allowing a non-compete only against a highly compensated worker ($130,014 in 2026) to protect trade secrets — and no compensation level rescues a covenant restricting the practice of medicine, advanced practice registered nursing, or dentistry.
Connecticut enforces employee non-competes only if reasonable under common law, but several occupation-specific statutes cap or void covenants for covered workers.
Common law governs, with occupation-specific statutory caps and bans
Delaware enforces reasonable non-competes under Chancery/Supreme Court case law but increasingly refuses to blue-pencil overbroad ones, and physician practice-restricting covenants are void by statute.
The District bans non-competes for most employees and permits them only for highly compensated employees (at or above an annually adjusted pay floor) whose covenant meets strict scope, duration, and advance-notice requirements.
Highly compensated employees at or above the pay threshold ($162,164 in 2026); medical specialists ($270,274 in 2026, 730-day cap); sale-of-business; confidentiality/long-term-incentive carve-outs; broadcast employees cannot be bound; pre-Oct 1, 2022 agreements under common law
When the ban took effect
October 1, 2022
Can a court narrow it?
Yes — rewrites to reasonable
Applies to contractors?
Unclear
Restriction extended during a breach?
Open question — caps run as fixed days from separation
Maximum length set by law
365 days (non-medical highly compensated employee); 730 days (medical specialist)
Must the employer pay to enforce?
—
Advance notice required?
14 days before starting employment (new hires) or before execution (existing employees)
Pay or earnings threshold
$162,164 (2026); medical specialists $270,274
Sale-of-business covenants
Excluded from ban
Customer non-solicits
Outside the statutory ban unless it forecloses work; reasonable at common law
Among the most employer-friendly states — enforceable with a legitimate business interest and reasonable terms, with a 2025 CHOICE Act high-earner track.
Georgia enforces non-competes that are reasonable in time, area, and scope under the Restrictive Covenants Act, but only against employees who perform covered higher-level job functions.
Guam voids employee non-competes by statute — 18 GCA § 88105, a transplant of California's restraint-of-trade rule that the Supreme Court of Guam reads as a per-se ban — leaving only narrow sale-of-business and partnership-dissolution exceptions.
Sale of business good will (§ 88106); partnership dissolution (§ 88107)
When the ban took effect
—
Can a court narrow it?
No
Applies to contractors?
Unclear
Restriction extended during a breach?
Not addressed
Maximum length set by law
Not applicable (employee covenant void regardless of duration)
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None
Sale-of-business covenants
Allowed within a narrow statutory exception — a seller of business goodwill may agree not to compete in a specified district while the buyer operates there
Customer non-solicits
Likely void: Guam adopts California's § 16600 restraint rule, so a customer non-solicit carries the same void risk as a non-compete (predicted; no Guam holding squarely on point)
Employee non-solicits
Void risk but unsettled: the Supreme Court of Guam left facial validity open, while the adopted § 16600 framework voids employee non-solicits
Hawaii treats non-competes as restraints of trade under its antitrust statute, enforcing only covenants ancillary to a legitimate purpose, and flatly banning non-compete/non-solicit clauses for technology-business employees.
Idaho enforces non-competes only against key employees or key independent contractors and only if reasonable, with an 18-month duration safe harbor and mandatory judicial modification of overbroad terms.
Illinois enforces employee non-competes only above a $75,000 earnings floor and only if they clear the Freedom to Work Act's consideration and 14-day-notice gates and the Reliable Fire reasonableness test.
Construction workers; broadcasters; temp-agency nurses; public-sector CBA; COVID-19 layoffs; certain mental-health professionals; sale of business excluded
When the ban took effect
Jan 1, 2022 (Public Act 102-358)
Can a court narrow it?
Yes — rewrites to reasonable
Applies to contractors?
Unclear
Restriction extended during a breach?
Not addressed by statute — open question
Maximum length set by law
No statutory maximum (duration judged for reasonableness)
Indiana enforces a non-compete only if the employer proves it is reasonable in time, activity, and geography and protects a legitimate interest; courts disfavor them and use a strict eraser blue pencil.
Iowa enforces an employee non-compete only if it satisfies a three-prong reasonableness test, with the employer bearing the burden; courts may reform an overbroad covenant rather than void it.
Kansas enforces an employee non-compete that is ancillary, reasonable under the four-factor Weber test, and not adverse to the public welfare, and is one of the more employer-friendly states; courts will narrow an overbroad restraint.
Kentucky enforces a non-compete only if it is supported by valid consideration and reasonable in scope; existing employees must get new consideration, and courts may blue-pencil overbroad terms.
Louisiana voids every non-compete by default and enforces one only if it fits a narrow statutory exception with named parishes and a two-year cap, so most out-of-state templates fail.
Maine treats non-competes as contrary to public policy and enforces them only when reasonable. It bars them for employees earning at or below 400% of the federal poverty level and non-owner veterinarians; the non-owner employee health-care-practitioner ban applies to agreements entered into or renewed on or after July 29, 2026.
Maryland enforces an ordinary employee non-compete only if it is reasonable under the Becker common-law test, but a statute voids covenants outright for low-wage, veterinary, and many health care workers.
Common law governs, with statutory bans for some worker groups
Massachusetts enforces an employee non-compete only if it meets the 2018 Noncompetition Agreement Act — paid garden leave or agreed consideration, a 12-month cap, and strict notice — and voids them entirely for physicians, nurses, psychologists, social workers, and most broadcasters.
Michigan enforces an employee non-compete if it protects a reasonable competitive business interest and is reasonable in duration, geography, and type of employment, with no categorical worker or profession ban.
Most employee and independent-contractor non-competes signed on or after July 1, 2023 are void and unenforceable, with only sale-of-business and business-dissolution exceptions surviving.
Mississippi enforces a non-compete only if the employer proves it is reasonable in time, territory, and activity to protect a legitimate interest, and it will not be enforced after a bad-faith firing.
Missouri enforces a non-compete only to the extent it is reasonable and protects the employer's trade secrets or customer contacts, not mere competition, with the employer bearing the burden.
Montana's restraint-of-trade statute voids absolute restraints, but reasonable partial restraints survive under the Dobbins rule of reason, and covered health-care provider non-competes are now banned.
Nebraska enforces only narrowly tailored covenants limited to customers the employee personally served, refuses to rewrite overbroad ones, and has no general statutory ban as of 2026.
Nevada enforces employee non-competes that meet a four-part statutory reasonableness test, but bans them for solely hourly-wage workers and requires courts to revise overbroad covenants.
New Hampshire enforces reasonable non-competes under a three-part common-law test, but voids them for low-wage employees (at or below 200% of the federal minimum wage) and requires pre-acceptance notice to new hires.
Common law governs, with statutory notice and low-wage rules
Low-wage ban (≤200% federal min wage); pre-acceptance notice (RSA 275:70); geographic-practice bans for physicians/nurses/APRNs/podiatrists; sale-of-business
When the ban took effect
Low-wage ban effective Sept. 8, 2019; APRN health-care ban effective Aug. 23, 2025
Can a court narrow it?
Yes — rewrites to reasonable
Applies to contractors?
Unclear
Restriction extended during a breach?
Unsettled — no controlling authority
Maximum length set by law
No statutory limit
Must the employer pay to enforce?
—
Advance notice required?
Before job acceptance or offer-change acceptance
Pay or earnings threshold
≤200% federal minimum wage
Sale-of-business covenants
Allowed if reasonable and tied to goodwill/assets
Customer non-solicits
Reasonableness test applies
Employee non-solicits
Foster reasonableness test; RSA 275:70-a low-wage ban reaches only the signer's own work
New Jersey enforces employee non-competes under the common-law Solari/Whitmyer three-part reasonableness test and readily blue-pencils overbroad covenants, though a pending bill would ban most of them.
New Mexico enforces ordinary employee non-competes only when reasonable and supported by valid consideration, but a statute makes covered health-care practitioner non-competes unenforceable.
Common law governs, with a health-care practitioner statute
New York has no general non-compete statute; employee non-competes are enforceable only to the extent reasonable under the common-law BDO Seidman three-part test, with a statutory ban only for broadcast-industry employees.
North Carolina enforces an employee non-compete only if it is in writing, supported by consideration, reasonable in time and territory, and protects a legitimate business interest.
Common law governs, with a statutory writing requirement
The CNMI has no non-compete statute; a post-employment covenant is enforceable only if reasonable under Restatement (Second) of Contracts § 188, which 7 CMC § 3401 imports as Commonwealth law, and the one on-point federal order denied an injunction in a small-island healthcare context.
Ohio enforces an employee non-compete only to the extent it is reasonable under the Raimonde test — no broader than needed to protect the employer, not unduly harsh on the employee, and not injurious to the public.
Oklahoma voids employee non-competes by statute, permitting only narrow carve-outs for direct customer non-solicitation, employee anti-raiding, and sale-of-business or partnership-dissolution covenants.
Sale of goodwill (§ 218); partnership dissolution (§ 219); direct customer non-solicit (§ 219A); employee anti-raiding (§ 219B); trade-secret clauses outside the ban
When the ban took effect
—
Can a court narrow it?
No
Applies to contractors?
Unclear
Restriction extended during a breach?
Not addressed
Maximum length set by law
No statutory limit on the ban; sale covenants limited to a county and contiguous counties
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None
Sale-of-business covenants
Allowed — sale of goodwill (§ 218)
Customer non-solicits
Direct solicitation of established customers only (§ 219A)
An Oregon employee non-compete is void by default. The employer must meet ORS 653.295's notice, protectable-interest, signed-copy, and duration rules; ordinarily the worker must also be exempt and earn above $119,541 in 2026, but a written restriction-period payment can replace only those two worker-eligibility conditions.
Medical-licensee covenants restricting the practice of medicine or nursing under ORS 653.297 (licensee definition in ORS 676.555), subject to ownership, documented recruitment investment of at least 20% of annual salary, and nonclinical-work exceptions; non-solicit/bonus/sale-of-business outside the general checklist; optional paid path
When the ban took effect
Salary threshold & 12-mo cap eff. Jan 1, 2022; medical-licensee ban eff. June 9, 2025
Can a court narrow it?
No
Applies to contractors?
Unclear
Restriction extended during a breach?
Silent — 12-month-from-termination cap cuts against tolling
Pennsylvania enforces an employee non-compete only if it is ancillary to employment, supported by adequate consideration, reasonably limited in time and territory, and tied to a legitimate business interest, with a 2024 statute sharply restricting health care covenants.
Common law governs, with a health-care practitioner statute
Health-care practitioner restrictions (Act 74 of 2024, eff. Jan 1, 2025 — voids covenants over one year and any where employer dismissed practitioner); B2B no-hire clauses unenforceable (Beemac)
When the ban took effect
—
Can a court narrow it?
Yes — rewrites to reasonable
Applies to contractors?
Unclear
Restriction extended during a breach?
Unsettled
Maximum length set by law
No statutory limit (except Act 74 one-year cap for health care)
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None
Sale-of-business covenants
Assigned asset-sale covenant can be enforced
Customer non-solicits
Reasonableness test applies; no-accept clauses scrutinized
Puerto Rico has no non-compete statute; a covenant is enforceable only if it satisfies the strict three-part Arthur Young reasonableness test — capped at twelve months, supported by real consideration, and in writing — and courts void rather than rewrite any covenant that falls short.
Covenants ancillary to a sale of business / ownership exit (e.g. stock-redemption) may be judged more flexibly than the strict Arthur Young employer-employee test (reasoning of the Reyes Ramis concurrence, not an opinion of the Court)
When the ban took effect
—
Can a court narrow it?
No
Applies to contractors?
Unclear
Restriction extended during a breach?
Silent — risky if it pushes enforcement past the 12-month ceiling
Maximum length set by law
12 months (additional time excessive and unnecessary)
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None
Sale-of-business covenants
Sale/ownership exits may be judged more flexibly than the Arthur Young employment test (Reyes Ramis concurrence)
Rhode Island applies common-law reasonableness to most workers but bans non-competes for low-wage and several other worker categories (FLSA-nonexempt, student interns, age 18 or younger) and for physicians and APRNs.
South Carolina has no non-compete statute and enforces a covenant only if it meets all five common-law reasonableness factors, strictly construes it against the employer, and will not blue-pencil or reform an overbroad covenant.
South Dakota voids restraints on a lawful profession, trade, or business unless they fit a narrowly construed statutory exception, and SDCL 53-9-11 permits an employee non-compete only within its two-year, geographic, existing-customer, and like-business limits.
Sale-of-goodwill (§ 53-9-9); partnership dissolution (§ 53-9-10); captive insurance agent contractors (§ 53-9-12); healthcare practitioner restrictions voidable for contracts on/after July 1, 2023; owner covenants on transfer of an ownership interest in a business entity, up to three years (HB 1180, effective July 1, 2026)
When the ban took effect
—
Can a court narrow it?
Yes — rewrites to reasonable
Applies to contractors?
No
Restriction extended during a breach?
Not addressed by statute
Maximum length set by law
Two years or less for employee covenants (SDCL 53-9-11)
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None
Sale-of-business covenants
Allowed — § 53-9-9; owner covenants up to 3 years from July 1, 2026
Tennessee enforces a non-compete that is reasonable and protects a legitimate business interest; a 2026 statute effective July 1, 2026 will void covenants against employees earning under $70,000 and add rebuttable time-reasonableness presumptions.
Texas enforces non-competes that are ancillary to an otherwise enforceable agreement and reasonable in time, geography, and scope, with overbroad covenants reformed rather than voided.
The U.S. Virgin Islands enforces a non-compete only if it is reasonable in duration, area, and scope under a single trial-court decision, and aggressive restraints are hard to enforce in a small-island, non-at-will economy.
Utah enforces employee non-competes only if they satisfy both the common-law Rose Park reasonableness test and a hard one-year statutory cap, and it bans healthcare and veterinarian non-competes entered on or after May 6, 2026.
Vermont has no general non-compete statute and enforces most covenants under a common-law reasonableness test, but 21 V.S.A. § 495q voids non-competes in professional agreements about a health care provider's Vermont services entered into on or after July 1, 2026, apart from a narrow nonclinical-support territory exception.
Health care provider covenants void in agreements entered into on or after July 1, 2026, apart from a nonclinical-support territory exception (21 V.S.A. § 495q, added by Act 177); barber/cosmetology training covenants void (26 V.S.A. § 281(c)); attorneys (R. Prof. Conduct 5.6); sale-of-business more leeway
When the ban took effect
—
Can a court narrow it?
Unsettled
Applies to contractors?
Unclear
Restriction extended during a breach?
No equitable rewriting of the time term (Roy's Orthopedic)
Maximum length set by law
No statutory limit
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None — H.205 was recommitted and is not law
Sale-of-business covenants
Sale covenants get breathing room versus employment covenants
Customer non-solicits
Reasonableness test applies; protecting customer relationships and goodwill is a recognized legitimate interest (no Vermont case squarely on point in our review)
Employee non-solicits
Judged under the same reasonableness test as a non-compete; no Vermont case squarely on an employee anti-raiding covenant in our review
Virginia bans non-competes outright for statutory low-wage employees, FLSA non-exempt employees, and health care professionals, while other workers remain subject to a strict common-law reasonableness test with no judicial blue-penciling.
Common law governs workers outside the statutory ban
Employee non-competes are void unless earnings exceed an inflation-adjusted threshold ($126,858.83 in 2026); a near-total ban takes effect June 30, 2027.
West Virginia enforces employee non-competes under the common-law Reddy reasonableness test, but a facially unreasonable covenant is void with no judicial narrowing, and a physician statute caps medical covenants at one year and thirty miles.
Physician covenants capped at one year/30 road miles and void on employer termination (W. Va. Code § 47-11E); sale-of-business lesser scrutiny; non-piracy clauses less restrictive
When the ban took effect
—
Can a court narrow it?
No
Applies to contractors?
Unclear
Restriction extended during a breach?
Open question
Maximum length set by law
No general statutory limit; physician covenants capped at 1 year
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None
Sale-of-business covenants
Sale covenants get lower scrutiny than employment covenants
Customer non-solicits
Patient/customer non-solicits preserved for physicians
Wisconsin enforces employee non-competes only if they are reasonably necessary to protect a legitimate employer interest under a demanding five-factor test, and an overbroad covenant is voided in full because courts will not blue-pencil it.
For contracts entered into on or after July 1, 2025, Wyoming voids employee non-competes restricting compensation for labor but excepts executive and management personnel and their professional staff, alongside sale-of-business and trade-secret covenants; earlier contracts retain the prior common-law test.
Section 1-23-108(a) excepts sale-of-business covenants, trade-secret protection to its extent, tenure-capped relocation/education/training expense recovery, and executive/management personnel and officers and employees who constitute professional staff to those personnel; subsection (b) separately voids physician-to-physician practice restrictions.
When the ban took effect
July 1, 2025 (prospective only; signed Mar 19, 2025)
Can a court narrow it?
No
Applies to contractors?
Yes
Restriction extended during a breach?
Not addressed
Maximum length set by law
No statutory limit
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None
Sale-of-business covenants
Allowed carve-out
Customer non-solicits
No express exception; unresolved if labor restriction
Employee non-solicits
No express exception; unresolved if labor restriction
Australian non-competes are presumptively void restraints of trade and bind a former worker only so far as reasonably necessary to protect a legitimate business interest, with NSW adding a statutory read-down power.
Common law governs Australian employee restraints of trade
An Australian Capital Territory non-compete binds a former employee only so far as it is reasonable to protect a legitimate business interest; there is no statutory read-down power, so an overbroad clause cannot be rewritten — in the Territory's leading case a 24-month restraint on a general manager was upheld, while a parallel restraint failed entirely because an overbroad defined term was embedded in the operative clauses and could not be severed or read down.
Sale-of-business covenants are judged more leniently; a proposed federal ban would, if enacted, cover most employees earning under the Fair Work Act high-income threshold (with sale-of-business and above-threshold restraints reported to be excluded), but it is not yet law.
When the ban took effect
—
Can a court narrow it?
Only strikes wording
Applies to contractors?
Yes
Restriction extended during a breach?
Untested; in the Territory's leading case the restraint period had expired by trial, the injunction claim was not pressed, and the court awarded monetary relief rather than extending the restraint.
Maximum length set by law
No statutory cap; reasonableness turns on the combined effect of duration and area, and a 24-month restraint on a general manager — the longest rung of a cascading clause — was upheld in Steadfast ICT Security v Peak.
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None in force — proposed federal ban for workers under the AUD $183,100 Fair Work Act high-income threshold is not yet law
Sale-of-business covenants
Sale covenants judged less strictly than employee restraints
Customer non-solicits
Client solicitation breach enforced
Employee non-solicits
Presumptively void at common law and binding only so far as reasonable to protect a legitimate interest; an employer cannot restrain a former employee's mere competition
A NSW non-compete is presumptively void and binds a former employee only to the extent it is reasonable to protect a legitimate interest, but the Restraints of Trade Act 1976 (NSW) lets the Supreme Court enforce an overbroad clause to a reasonable extent instead of voiding it outright.
Sale-of-business covenants are judged more leniently; a proposed federal ban would cover most employees earning under the Fair Work Act high-income threshold but would exclude sale-of-business and above-threshold restraints.
When the ban took effect
—
Can a court narrow it?
Only strikes wording
Applies to contractors?
Yes
Restriction extended during a breach?
Untested; courts treat rolling or indefinite restraints with suspicion and prefer damages over extending an injunction.
Maximum length set by law
No statutory cap; periods beyond about 12 months in employment are heavily scrutinised.
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None in force — proposed federal ban for workers under the AUD $183,100 Fair Work Act high-income threshold is not yet law
Sale-of-business covenants
Sale covenants judged less strictly than employee restraints
A Northern Territory non-compete is presumptively void and binds a former employee only so far as it is reasonable to protect a legitimate interest; there is no statutory read-down power, and in the leading Supreme Court employment case an eighteen-month restraint failed entirely as longer than necessary even though the court considered fifteen months at most would have been reasonable.
Sale-of-business and franchise covenants are judged in their commercial context; a proposed federal ban would, if enacted, cover most employees earning under the Fair Work Act high-income threshold (with sale-of-business and above-threshold restraints reported to be excluded), but it is not yet law.
When the ban took effect
—
Can a court narrow it?
Only strikes wording
Applies to contractors?
Yes
Restriction extended during a breach?
Untested; Australian courts treat rolling or indefinite restraints with suspicion and generally prefer damages over extending an injunction.
Maximum length set by law
No statutory cap; reasonableness is judged case by case — an eighteen-month restraint on an insurance broker was held void as longer than necessary (fifteen months at most would have been reasonable), while a six-month client-solicitation restraint was one the court said it would have found enforceable.
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None in force — proposed federal ban for workers under the AUD $183,100 Fair Work Act high-income threshold is not yet law
Sale-of-business covenants
Sale covenants judged less strictly than employee restraints
Customer non-solicits
Six-month client solicitation restraint noted as enforceable
Employee non-solicits
Presumptively void at common law and binding only so far as reasonable to protect a legitimate interest; an employer cannot restrain a former employee's mere competition
A Queensland non-compete is presumptively void and binds a former employee only so far as it is reasonable to protect a legitimate interest; there is no statutory read-down power, so a court can only strike out grammatically severable words under the blue-pencil rule and an overbroad clause that severance cannot save fails entirely.
Sale-of-business covenants are judged more leniently; a proposed federal ban would, if enacted, cover most employees earning under the Fair Work Act high-income threshold (with sale-of-business and above-threshold restraints reported to be excluded), but it is not yet law.
When the ban took effect
—
Can a court narrow it?
Only strikes wording
Applies to contractors?
Yes
Restriction extended during a breach?
Untested; Australian courts treat rolling or indefinite restraints with suspicion and generally prefer damages over extending an injunction.
Maximum length set by law
No statutory cap; reasonableness is judged case by case, and longer periods attract closer scrutiny (a six-month restraint on senior managers was upheld in Auto Parts Group v Cooper).
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None in force — proposed federal ban for workers under the AUD $183,100 Fair Work Act high-income threshold is not yet law
Sale-of-business covenants
Sale covenants judged less strictly than employee restraints
Customer non-solicits
Restraint-of-trade reasonableness; customer connection is a protectable interest
Employee non-solicits
Presumptively void at common law and binding only so far as reasonable to protect a legitimate interest; an employer cannot restrain a former employee's mere competition
A South Australian non-compete is presumptively void and binds a former employee only so far as it is reasonable to protect a legitimate interest; there is no statutory read-down power, so a court can only strike out grammatically severable words under the blue-pencil rule and an overbroad clause that severance cannot save fails entirely.
Sale-of-business covenants are judged more leniently; a proposed federal ban would, if enacted, cover most employees earning under the Fair Work Act high-income threshold (with sale-of-business and above-threshold restraints reported to be excluded), but it is not yet law.
When the ban took effect
—
Can a court narrow it?
Only strikes wording
Applies to contractors?
Yes
Restriction extended during a breach?
Untested; reasonableness is fixed at the date of contract, and no South Australian authority validates extending a restraint because of a breach.
Maximum length set by law
No statutory cap; reasonableness is judged case by case by reference to the time needed to break the customer connection (a 12-month restraint was upheld in International Cleaning Services v Dmytrenko).
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None in force — proposed federal ban for workers under the AUD $183,100 Fair Work Act high-income threshold is not yet law
Sale-of-business covenants
Sale covenants judged less strictly than employee restraints
A Tasmanian non-compete is presumptively void and binds a former employee only so far as it is reasonable to protect a legitimate interest; there is no statutory read-down power, so a court can only sever covenants the parties themselves drafted as genuinely separate, and an overbroad clause that severance cannot save fails entirely.
Sale-of-business covenants are judged more leniently; a proposed federal ban would, if enacted, cover most employees earning under the Fair Work Act high-income threshold (with sale-of-business and above-threshold restraints reported to be excluded), but it is not yet law.
When the ban took effect
—
Can a court narrow it?
Only strikes wording
Applies to contractors?
Yes
Restriction extended during a breach?
Untested; Australian courts treat rolling or indefinite restraints with suspicion and generally prefer damages over extending an injunction.
Maximum length set by law
No statutory cap; reasonableness is judged case by case — a one-month, 50-kilometre covenant was treated as reasonable in Bulk Frozen Foods v Excell, while a three-year restraint survived only for the purchased client connection in Neville Jeffress Advertising v Barlow (No 2).
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None in force — proposed federal ban for workers under the AUD $183,100 Fair Work Act high-income threshold is not yet law
Sale-of-business covenants
Sale covenants judged less strictly than employee restraints
Customer non-solicits
Restraint-of-trade reasonableness; protects a genuine customer connection, severable
Employee non-solicits
Presumptively void at common law and binding only so far as reasonable to protect a legitimate interest; an employer cannot restrain a former employee's mere competition
A Victorian non-compete is presumptively void and binds a former employee only so far as it is reasonable to protect a legitimate interest; there is no statutory read-down power, so a court can only strike out grammatically severable words under the blue-pencil rule, and a carefully drafted multi-limb restraint that severance cannot save fails entirely.
Sale-of-business covenants are judged more leniently; a proposed federal ban would, if enacted, cover most employees earning under the Fair Work Act high-income threshold (with sale-of-business and above-threshold restraints reported to be excluded), but it is not yet law.
When the ban took effect
—
Can a court narrow it?
Only strikes wording
Applies to contractors?
Yes
Restriction extended during a breach?
Untested; Australian courts treat rolling or indefinite restraints with suspicion and generally prefer damages over extending an injunction.
Maximum length set by law
No statutory cap; reasonableness is judged case by case and tested as at the date of the contract, and longer periods and wider areas attract closer scrutiny.
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None in force — proposed federal ban for workers under the AUD $183,100 Fair Work Act high-income threshold is not yet law
Sale-of-business covenants
Sale covenants judged less strictly than employee restraints
Customer non-solicits
Restraint-of-trade reasonableness; customer connection protectable but void if wider than necessary
Employee non-solicits
Presumptively void at common law and binding only so far as reasonable to protect a legitimate interest; an employer cannot restrain a former employee's mere competition
A Western Australian non-compete is presumptively void and binds a former employee only so far as it is reasonable to protect a legitimate interest; there is no statutory read-down power, so a court can only strike out genuinely distinct, severable covenants under the blue-pencil rule and an overbroad clause that severance cannot save fails entirely.
Sale-of-business covenants are judged more leniently; a proposed federal ban would, if enacted, cover most employees earning under the Fair Work Act high-income threshold (with sale-of-business and above-threshold restraints reported to be excluded), but it is not yet law.
When the ban took effect
—
Can a court narrow it?
Only strikes wording
Applies to contractors?
Yes
Restriction extended during a breach?
Untested; reasonableness is fixed at the date of contract, and no Western Australian authority validates extending a restraint because of a breach.
Maximum length set by law
No statutory cap; reasonableness is judged case by case (a six-month competitor restraint was upheld in Emeco International Pty Ltd v O'Shea [No 2], while a 12-month statewide restraint failed even to establish a prima facie case in Bend-Tech Group v Beek).
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None in force — proposed federal ban for workers under the AUD $183,100 Fair Work Act high-income threshold is not yet law
Sale-of-business covenants
Sale covenants judged less strictly than employee restraints
Post-employment non-competes are void under Section 27 of the Indian Contract Act, 1872 regardless of how reasonable they are, and Indian law offers no reasonableness saving for post-term restraints — leaving only the sale-of-goodwill exception, in-term covenants, confidentiality, non-solicitation, garden leave during the notice period, and cost-based employment bonds.
The Philippines has no non-compete statute. A post-employment restraint is enforceable only if it is reasonable — limited as to time, trade, and place, tied to a legitimate business interest, and not contrary to public policy — and suing on one is a civil case for the regular courts, not the labor tribunals.
No statutory industry carve-outs. Independent-contractor restraints are treated as ordinary civil/commercial contracts rather than labor matters (Consulta v. CA, G.R. No. 145443). A forfeiture clause can bite for competition during employment (Century Properties v. Babiano, G.R. No. 220978).
When the ban took effect
—
Can a court narrow it?
Unsettled
Applies to contractors?
Yes
Restriction extended during a breach?
Not addressed
Maximum length set by law
No statutory limit; one- and two-year restraints have been upheld when otherwise reasonable
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None
Sale-of-business covenants
No statutory seller carve-out; one Civil Code Art. 1306 reasonableness test (reasonable limits required)
Customer non-solicits
Likely the unitary reasonableness test (time, trade, place + legitimate interest)
Singapore has no non-compete statute; a post-employment restraint is presumptively void and binds a former employee only if the employer proves a legitimate proprietary interest and shows the clause is reasonable between the parties and in the public interest.
No statutory industry carve-outs; sale-of-business covenants are judged more leniently (CLAAS Medical Centre [2010] SGCA 3). The confidentiality over-and-above trap (Stratech [2005] SGCA 17) often defeats employment non-competes.
When the ban took effect
—
Can a court narrow it?
Only strikes wording
Applies to contractors?
Unclear
Restriction extended during a breach?
Not addressed
Maximum length set by law
No statutory limit
Must the employer pay to enforce?
—
Advance notice required?
None
Pay or earnings threshold
None
Sale-of-business covenants
Sale covenants judged less strictly than employment restraints (CLAAS)
Customer non-solicits
Presumptively void; must satisfy restraint-of-trade test
Employee non-solicits
Presumptively void; must satisfy restraint-of-trade test