2026 SESSION
ENROLLED
VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact § 40.1-28.7:8 of the Code of Virginia, relating to protection of employees; covenants not to compete; discharged employees.
[S 170]
Approved
Be it enacted by the General Assembly of Virginia:
1. That § 40.1-28.7:8 of the Code of Virginia is amended and reenacted as follows:
§ 40.1-28.7:8 . Covenants not to compete prohibited; exceptions; civil penalty.
A. As used in this section:
"Covenant not to compete" means a covenant or agreement, including a provision of a contract of employment, between an employer and employee that restrains, prohibits, or otherwise restricts an individual's ability, following the termination of the individual's employment, to compete with his former employer. A "covenant not to compete" shall not restrict an employee from providing a service to a customer or client of the employer if the employee does not initiate contact with or solicit the customer or client.