Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Labor Committee

HB 1926

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Restricting noncompetition agreements.

Sponsors: Representatives Stanford, Sells, Bergquist, Reykdal and Ormsby.

Brief Summary of Bill

  • Makes noncompetition agreements void with some exceptions.

Hearing Date: 2/3/15

Staff: Dan Rusk (786-7290) and Joan Elgee (786-7106).

Background:

Washington disfavors restraints on trade. However, there are circumstances where restraints on trade are permitted. In certain situations, Washington allows parties to enter into noncompetition agreements. A noncompetition agreement is an agreement between parties where one party promises not to compete with the other party for a specific period of time, and sometimes within a specified geographic area. Washington courts will enforce a noncompetition agreement if it is not greater than reasonably necessary to protect the business or goodwill of a party. In order to determine whether the noncompetition agreement is reasonable, the Washington courts use a three part test. The courts will enforce a noncompetition agreement:

Summary of Bill:

Generally, every contract by which a person is restrained from engaging in a lawful profession, trade, or business of any kind is void. However, there are exceptions to this prohibition. A seller of a business may make an agreement with the buyer that the seller will not engage in a similar business within a specific geographic area when:

Business entity means any corporation, partnership, limited liability company, or any subsidiary or division of a business entity.

A partner may form a noncompetition agreement upon the dissolution of a partnership or disassociation of a partner from a partnership. A member of a limited liability company may form a noncompetition agreement upon the dissolution of the limited liability company or the disassociation of a member from the limited liability company.

Washington's law regarding noncompetition agreements for broadcast employees is repealed.

The provisions apply to noncompetition agreements formed on or after the effective date.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.