In Washington state, what earnings threshold must a Burger King franchisee employee exceed annually for a noncompetition covenant to be enforceable?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
which may supersede the Franchise Agreement in your relationship with the Franchisor including the areas of termination and renewal of your franchise.
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- In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. In addition, if litigation is not precluded by the Franchise Agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
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- A release or waiver of rights exe
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 109–124)
What This Means (2025 FDD)
According to Burger King's 2025 Franchise Disclosure Document, in the state of Washington, a noncompetition covenant is only enforceable against a Burger King franchisee's employee if their annualized earnings exceed $100,000. This figure will be adjusted annually for inflation. This is based on Revised Code of Washington (RCW) 49.62.020.
For independent contractors working for a Burger King franchisee in Washington, a noncompetition covenant is only enforceable if their earnings exceed $250,000 per year, also adjusted annually for inflation, according to RCW 49.62.030.
Burger King states that any provisions within the franchise agreement that conflict with these Washington state laws regarding noncompetition covenants are void and unenforceable in Washington.