Question 1

Is a non-compete enforceable in California?

Accepted Answer

No. California Business and Professions Code § 16600 voids employee non-competes by statute. SB 699 (effective January 1, 2024) made it an affirmative violation for an employer to attempt to enforce one. You do not need to negotiate removal — the clause is void by operation of law.

Question 2

What states have banned non-competes?

Accepted Answer

As of 2026, the states with statutory bans on employee non-competes are California, Minnesota, North Dakota, and Oklahoma. Several other states — including Colorado, Washington, Oregon, Illinois, Massachusetts, and Maine — disfavor them and impose income thresholds or other conditions that limit enforceability.

Question 3

Is the FTC non-compete ban still in effect?

Accepted Answer

No. The FTC finalized a rule (16 CFR Part 910) in April 2024 that would have banned most non-competes nationally. A federal district court in Texas vacated that rule in August 2024. The FTC removed it from the Code of Federal Regulations in February 2026. Your situation is governed entirely by your state's law.

Question 4

Can I negotiate a non-compete as part of my severance?

Accepted Answer

Yes. Non-compete removal or substantial narrowing is a legitimate severance term. If your employer needs your signature on a separation agreement, that signature is leverage. Common accepts: reducing the non-compete to a non-solicit of specific customers only, adding a garden-leave payment, or shortening the duration by six months.