Many changes to Virginia employment law went into effect in recent years, including a partial prohibition on non-compete clauses. Historically, Virginia courts have disfavored restrictions on competition, often refusing to enforce them if they contain unreasonable restrictions. Additionally, Virginia has declined to “blue-pencil” overbroad non-compete provisions. By statue, Virginia greatly restricts employers’ ability to impose and enforce non-compete clauses against current and former employees. It also provides a private right of action for employees to enforce the law. The new law includes the following provisions. Prohibition on Non-Compete Clauses for Lower-Wage Employees According to the updated employment laws, employers are prohibited from entering into, enforcing, or threatening to enforce any non-compete clause against a “low wage employee”. This is defined as an employee, intern, or individual independent contractor whose average weekly earnings are less than the average weekly wage in Virginia which is currently $999.67. Some employees are excluded from protection under this new statue, including those whose earnings wholly or predominately come from sales commissions, incentives, or bonuses. Other Limitations in the Statue This law does not restrict standard confidentiality agreements. However, it does forbid employers from establishing or enforcing any covenant with any employee that “restricts an employee