Oregon - Restrictive and Other Covenants

2013  Summary of Oregon Law - This article provides substantive information about relevant Oregon statutes and case law relating to trade secret and non-competition protections. The article includes the following statement:

  • Oregon law contains several restrictions related to non-competition agreements in the employment context. First, an employee must receive two weeks’ advance written notice of the non-compete or the non-compete must be entered into upon a subsequent bona fide advancement”. ORS 653.295(1)(a). Second, the employee must be an exempt employee under state wage and hour law. ORS 653.295(1)(b). Third, the employer must have a “protectable interest.” ORS 653.295(1)(c). Finally, the employee’s annual gross salary must exceed “the median family income for a four-person family, as determined by the United States Census Bureau for the most recent year available at the time of the employee’s termination.” ORS 653.295(1)(d). That amount is in the range of $70,000.00+ per year. Agreements that do not meet these requirements may be voidable under Oregon law.