Kansas is one of the few states that moved toward stronger non-compete enforcement in 2025, while most other states were moving toward greater restrictions. If you work in Kansas, recent law changes may have strengthened your employer's position.
The Kansas Restraint of Trade Act
Kansas non-compete agreements are governed by the Kansas Restraint of Trade Act. Historically, the Act provided that non-competes may not be deemed a restraint of trade when they are reasonable. Kansas courts apply a reasonableness standard evaluating:
- Whether the restriction protects a legitimate business interest
- Whether the duration is reasonable
- Whether the geographic scope is reasonable
- Whether the scope of restricted activities is reasonable
2025 Kansas Law Update โ Effective July 1, 2025
Kansas enacted significant changes to its non-compete law effective July 1, 2025. Key changes include:
- Non-solicitation agreements clarified: Kansas law now expressly clarifies that non-solicitation agreements โ agreements preventing you from soliciting your former employer's customers or employees โ do not violate the Kansas Restraint of Trade Act
- Customer non-solicitation agreements conclusively presumed enforceable: For agreements entered on or after July 1, 2025, customer non-solicitation agreements are conclusively presumed to be enforceable โ a significant shift in Kansas law that strongly favors employers
โ ๏ธ The conclusive presumption of enforceability for customer non-solicitation agreements entered after July 1, 2025 is a major change. If you signed a non-solicitation agreement after that date, Kansas courts will presume it is enforceable without requiring the employer to prove reasonableness. This is a significantly higher bar for employees challenging these agreements.
Full Non-Compete Agreements in Kansas
Full non-compete agreements โ which restrict you from working for competitors entirely โ are still subject to the reasonableness standard under Kansas law. The 2025 changes apply specifically to non-solicitation agreements, not full non-competes. For a full non-compete, Kansas courts still evaluate reasonableness based on duration, geographic scope, and legitimate business interest.
โ There is an important distinction between a non-compete (prevents you from working for competitors) and a non-solicitation agreement (prevents you from soliciting specific customers or employees). If you only signed a non-solicitation agreement โ not a full non-compete โ the 2025 Kansas law applies and the analysis is different.
Kansas Healthcare Non-Competes
Kansas has introduced legislation regarding healthcare worker non-competes. As of May 2026, specific healthcare non-compete legislation is pending in Kansas. Healthcare professionals should consult an employment attorney for the current status.
Consideration in Kansas
Kansas requires adequate consideration for a non-compete to be enforceable. Employment at hire is the strongest form of consideration. Mid-employment agreements should be supported by additional benefit beyond merely continuing employment.