# US state non compete analysis
> Source: https://legalcode.md/skills/legalcode-us-state-non-compete-analysis | [HTML version](https://legalcode.md/skills/legalcode-us-state-non-compete-analysis)

Analyze non-compete agreement enforceability across all 50 US states.

Analyze non-compete agreement enforceability across all 50 US states. Use when reviewing a non-compete clause, covenant not to compete, restrictive covenant, post-employment restriction, or garden leave agreement — whether for an employer, employee, in-house counsel, or transactional attorney. Covers: 6-state total ban screening (California, Minnesota, North Dakota, Oklahoma, Montana, Wyoming), salary threshold screening for 12+ states, reasonableness factor analysis (geographic scope, duration, scope of activity, legitimate business interest), consideration requirements (at-hire vs. mid-employment), blue-pencil vs. red-pencil reformation doctrine, garden leave mechanics and salary requirements, choice-of-law enforceability (California SB 699 extraterritorial reach, DraftKings v. Hermalyn analysis), FTC rulemaking status post-Ryan LLC v. FTC vacatur (September 2025 accession), Florida CHOICE Act 2025, healthcare and physician-specific restrictions, and state legislative trends 2023–2026. Jurisdiction-specific for United States (all 50 states + DC). Supports both employer (drafting/enforcement) and employee (challenge/negotiation) perspectives.

This skill analyzes whether a non-compete agreement or clause is enforceable under US state law — and if not, what can be done about it. It applies to post-employment non-competition restrictions in employment contracts, standalone non-compete agreements, restrictive covenant agreements, and garden leave provisions. **Covers:** - Total-ban and near-ban state screening (6 states with statutory bans + DC) - Salary threshold compliance (12+ states with income-floor requirements) - Reasonableness analysis: legitimate business interest, geographic scope, duration, scope of restricted activities - Consideration requirements: at-hire vs. mid-employment execution - Blue-pencil vs. red-pencil reformation doctrine by state - Garden leave provisions: requirements, mechanics, and enforceability impact - Choice-of-law analysis: California's extraterritorial reach (SB 699/AB 1076), Restatement (Second) of Conflicts § 187 analysis - FTC regulatory landscape: Ryan LLC v. FTC (N.D. Tex. Aug. 20, 2024) vacatur, FTC's September 2025 accession, current Section 5 case-by-case enforcement posture - Florida CHOICE Act (eff. July 1, 2025) enhanced enforcement regime - Healthcare and physician-specific restrictions (16+ states) - State legislative trends 2023–2026 - Practical drafting fixes and negotiation recommendations **Does not:** - Analyze non-solicitation-of-customers or non-solicitation-of-employees clauses in isolation (though it flags interactions with non-compete analysis) - Provide advice under any jurisdiction outside the United ...

## Jurisdictions

United States — Federal



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