(a) An employer with a workplace policy that includes one or more of the exceptions to the definition of non-compete provision, as detailed in § 32-581.01(15), shall provide a written copy of the provisions to an employee:
(1) Within 30 days after the employee's acceptance of employment with the employer;
(2) Within 30 days after October 1, 2022; and
(3) Any time such policy changes.
(b) A highly compensated employee's employer shall provide the following notice to the employee whenever a non-compete provision is proposed to the employee:
"The District's Ban on Non-Compete Agreements Amendment Act of 2020 limits the use of non-compete agreements. It allows employers to request non-compete agreements from highly compensated employees, as that term is defined in the Ban on Non-Compete Agreements Amendment Act of 2020, under certain conditions. [Name of employer] has determined that you are a highly compensated employee. For more information about the Ban on Non-Compete Agreements Amendment Act of 2020, contact the District of Columbia Department of Employment Services (DOES)".
(Mar. 16, 2021, D.C. Law 23-209, § 103a; as added Sept. 21, 2022, D.C. Law 24-175, § 2(a), 69 DCR 009910.)
Section 2 of D.C. Law 24-132 amended section 302 of D.C. Law 23-209 to provided that the creation of of this section shall apply as of October 1, 2022.
Section 2 of D.C. Act 24-455 amended section 302 of D.C. Law 23-209 to provided that the creation of this section shall apply as of October 1, 2022.
Section 2 of D.C. Act 24-350 amended section 302 of D.C. Law 23-209 to provided that the creation of this section shall apply as of October 1, 2022.
Section 7202 of D.C. Law 24-45 amended section 302 of D.C. Law 23-209 to provided that the creation of this section shall apply as of April 1, 2022.
Section 7202 of D.C. Act 24-159 amended section 302 of D.C. Law 23-209 to provided that the creation of this section shall apply as of April 1, 2022.
For temporary (90 days) creation of this section, see § 103a of Non-Compete Clarification Emergency Amendment Act of 2022 (D.C. Act 24-552, Aug. 15, 2022, 0 DCR 0).
Structure District of Columbia Code
Chapter 5B - Ban on Non-compete Agreements
§ 32–581.02. Prohibition on non-compete provisions for covered employees
§ 32–581.03. Limitations on non-compete provisions for highly compensated employees
§ 32–581.03a. Disclosures to employees
§ 32–581.04. Relief and penalties
§ 32–581.04a. Collective bargaining agreements