While the federal government hasn’t yet been able to prohibit the use of non-compete clauses in employment arrangements, the trend is growing at the state level with more considering limiting use of the restrictive covenant. Specifically, Iowa and West Virginia – states with republican Governors and legislatures – are both currently in play. The Iowa House of Representatives is considering a bill, Senate 446 – passed by the Senate last year, that would prohibit the use of non-compete provisions with employees who earn “an average monthly wage that is less than or equal to” $14.50 per hour. Likewise, West Virginia lawmakers are debating Senate Bill 453, which would prohibit and render unenforceable “restrictive employment agreements” where an employee’s pay is less than the annual mean wage of employees in West Virginia as determined by the Bureau of Labor Statistics. Essentially, if passed into law, the wage threshold for enforceable covenants would fluctuate over time making it far more challenging to enforce covenant agreements. Furthermore, the low wage provision would apply retroactively to existing agreements and provide statutory damages of $5,000 and reasonable attorney fees for prevailing employees. Already, so 10 other states have a ban on non-compete clauses for low-wage workers in some shape, manner or form. They include Illinois, Maryland, Maine, Massachusetts, Oregon, Nevada, New Hampshire, Rhode Island, Virginia and Washington. Similar bills have recently been introduced in Oklahoma, Vermont and Colorado. The April 1 effective date of a new ban on non-compete provisions in the District of Columbia has been postponed by the City Council until October 1, 2022.