Coming Soon: Changes to State Noncompete Laws in Virginia, Arkansas, and Wyoming
Noncompete provisions continue to be governed by a constantly changing patchwork of state level legislation. In general, recent laws tend to limit their use among low wage earners or individuals in certain professions, such as health care workers or veterinarians. In July, amendments to such laws will go into effect in Virginia, Arkansas, and a newly issued statute will go into effect in Wyoming. A summary of each follow. Virginia Effective Date: July 1. Statute: SB 1218 . Existing Law: Pursuant to § 40.1-28.7:8 of the Virginia Code, low wage employees in Virginia may not be bound by noncompete agreements. Prior to SB 1218, low wage employees included any employee with average weekly earnings that are less than the average weekly wage of the Commonwealth. Key Changes: The new law expands the definition of “low wage workers” who cannot be bound by noncompete agreements to include all employees entitled to overtime pay for working more than 40 hours a w...