Employment data

Employment Contract Statistics 2026: 160+ Numbers on Non-Competes, NDAs, Arbitration and Severance

By ClauseAudit Research · 163 statistics · 91 sources ·

What are the key employment contract statistics for 2026?

The FTC estimated 30 million US workers were bound by a noncompete in 2024, and Federal Reserve survey data put the share at 11.4% of adult workers. In 2017, 56.2% of private nonunion workers were subject to mandatory arbitration. Employers announced 1,206,374 job cuts in 2025, up 58% on 2024.

A quiet conference table by a window with a printed employment agreement in a folder, a pen and a pair of reading glasses in soft daylight
US workers bound by a noncompete, nearly one in five (FTC estimate) (2024, U.S. Federal Trade Commission)
30 million
US adult workers who currently have a noncompete (Fed SHED data) (2023, Federal Reserve Bank of Minneapolis)
11.4%
US private workplaces requiring some employees to sign noncompetes (2017 survey) (2017, Economic Policy Institute)
49.4%
Employed US physicians subject to a non-compete with their employer (2026, Physicians Advocacy Institute)
48%
US private nonunion workers subject to mandatory arbitration (2017 survey) (2017, Economic Policy Institute)
56.2%
Employee win rate in AAA arbitrations decided by an arbitrator (2019-2020, National Academy of Arbitrators Research and Education Foundation (grant-funded report))
19%
US job cuts announced by employers in 2025, up 58% on 2024 (2025, Challenger, Gray & Christmas)
1,206,374
India regular salaried workers with no written job contract (2022, International Labour Organization and Institute for Human Development)
61.9%

This page collects more than 160 employment contract statistics in twelve groups: written contracts and work arrangements, how many workers have non-competes, non-competes by industry and pay, state non-compete laws, the economic effects of non-competes, NDAs, mandatory arbitration, arbitration outcomes, severance, executive agreements, IP assignment and non-solicitation, and India.

The figures come from agencies such as the BLS, FTC, EEOC, SEC and GAO, state statutes, Federal Reserve research, academic studies and industry reports. Each one carries its source and period, and the data was checked on October 17, 2026.

Written Employment Contract Statistics: Who Actually Has One

BLS data on work arrangements, tenure and union coverage shows how US workers are employed, from independent contractors and temps to union-covered staff. UK, Australian and survey data add comparison points.

Figure 1: US alternative and contingent work arrangements, share of total employment, July 2023 (%)

Figure 1: US alternative and contingent work arrangements, share of total employment, July 2023Independent contractors: 7.4%; Contingent workers: 4.3%; On-call workers: 1.7%; Temporary help agency workers: 0.6%; Workers provided by contract firms: 0.5%7.4%4.3%1.7%0.6%0.5%Independent…Contingent …On-call wor…Temporary h…Workers pro…
Chart data
LabelValue (%)
Independent contractors7.4%
Contingent workers4.3%
On-call workers1.7%
Temporary help agency workers0.6%
Workers provided by contract firms0.5%
BLS Contingent Worker Supplement, sole or main job. Contingent workers can also be in an alternative arrangement, so categories overlap and should not be summed. Source: U.S. Bureau of Labor Statistics, Contingent and Alternative Employment Arrangements, July 2023.
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Non-Compete Agreement Statistics: How Many Workers Are Bound

Estimates of how many workers have non-competes depend on who is asked. Employer surveys, worker surveys and federal agency estimates give different numbers, from 11.4% of adult workers to as much as 46.5% of private-sector workers.

Figure 2: How many workers have noncompetes? Estimates by survey and year (% of workers)

Figure 2: How many workers have noncompetes? Estimates by survey and year (% of workers): EPI employer survey, upper bound (US, 2017) 46.5%; EPI employer survey, lower bound (US, 2017) 27.8%; YouGov employee survey (UK, 2022) 19%; BLS NLSY97 sample (US, published 2022) 18.1%; Fed SHED, all adult workers (US, published 2023) 11.4%; Fed SHED, non-enforcing states CA/ND/OK (US, published 2023) 7.0%EPI employer survey, uppe…46.5%EPI employer survey, lowe…27.8%YouGov employee survey (U…19%BLS NLSY97 sample (US, pu…18.1%Fed SHED, all adult worke…11.4%Fed SHED, non-enforcing s…7.0%
Chart data
LabelValue
EPI employer survey, upper bound (US, 2017)46.5%
EPI employer survey, lower bound (US, 2017)27.8%
YouGov employee survey (UK, 2022)19%
BLS NLSY97 sample (US, published 2022)18.1%
Fed SHED, all adult workers (US, published 2023)11.4%
Fed SHED, non-enforcing states CA/ND/OK (US, published 2023)7.0%
Methods differ: EPI extrapolates from employer responses, the others ask workers directly. The UK figure covers UK employees, not U.S. workers. Source: Economic Policy Institute, Noncompete agreements: Ubiquitous, harmful to wages and to competition (Colvin and Shierholz).
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Non-Compete Use by Industry, Wage Level and Occupation

Non-competes are more common in higher-paid, more educated work, but they also reach hourly service jobs, as recent FTC enforcement actions show.

Figure 3: Share of U.S. workers with a non-compete, by industry (2022) (%)

Figure 3: Share of U.S. workers with a non-compete, by industry (2022) (%): Information 19.5%; Professional and business services 19.2%; Financial activities 18.2%; Manufacturing 15.4%; Natural resources and mining 14.3%; Wholesale and retail trade 10.6%; Transportation and utilities 9.5%; Education and health services 7.8%; Leisure and hospitality 7.6%; Construction 7.1%; Other services 6.3%; Public administration 4.7%Information19.5%Professional and business…19.2%Financial activities18.2%Manufacturing15.4%Natural resources and min…14.3%Wholesale and retail trade10.6%Transportation and utilit…9.5%Education and health serv…7.8%Leisure and hospitality7.6%Construction7.1%Other services6.3%Public administration4.7%
Chart data
LabelValue
Information19.5%
Professional and business services19.2%
Financial activities18.2%
Manufacturing15.4%
Natural resources and mining14.3%
Wholesale and retail trade10.6%
Transportation and utilities9.5%
Education and health services7.8%
Leisure and hospitality7.6%
Construction7.1%
Other services6.3%
Public administration4.7%
Minneapolis Fed calculations from the Federal Reserve Board's 2022 Survey of Household Economics and Decisionmaking; employed adults 18+, excluding self-employed and "don't know" answers. Source: Federal Reserve Bank of Minneapolis, New data on non-compete contracts and what they mean for workers.
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Non-Compete Laws by State: Bans, Income Thresholds and the FTC Rule

With the FTC dropping its defense of the federal rule in 2025, state law decides whether a non-compete can be enforced. States now range from full bans to income thresholds to Florida's pro-enforcement statute.

Figure 4: Selected state non-compete bans, wage floors and limits, verified against statute text (October 2026)
StateRuleThreshold or limitLaw
MinnesotaBanAny covenant not to compete is void and unenforceable (sale-of-business and dissolution exceptions)Minn. Stat. 181.988 (2023)
North DakotaBanContracts restraining a lawful profession, trade or business are void (sale-of-goodwill and dissolution exceptions)N.D.C.C. 9-08-06
WashingtonEarnings threshold, full ban from June 30, 2027$126,858.83 for employees and $317,147.09 for independent contractors (2026); over 18 months presumed unreasonableRCW 49.62
ColoradoHighly compensated worker thresholdCustomer non-solicits allowed at 60% of the threshold; $5,000 penalty per workerHB22-1317 (effective August 10, 2022)
MarylandWage floor plus health care ruleVoid at or below 150% of state minimum wage; direct patient care at or below $350,000; above that, max 1 year and 10 milesMd. Code, Lab. & Empl. 3-716
MaineWage floorBanned at or below 400% of federal poverty level; 3 business days notice; not effective until 1 year of employment26 M.R.S. 599-A
VirginiaLow-wage banVoid below the state average weekly wage; $10,000 civil penalty per violationVa. Code 40.1-28.7:8
FloridaPro-enforcement (CHOICE Act)Up to 4 years for covered employees earning over twice the county annual mean wage; at least 7 days to reviewFla. Stat. 542.43 to 542.45 (Ch. 2025-213)

Economic Impact of Non-Competes: Wages, Mobility and Startups

Economists measure what happens to pay, job changes and new businesses when states make non-competes easier or harder to enforce. These figures are estimates from academic and government studies.

Figure 5: Estimated effects of stricter noncompete enforceability on earnings, mobility, startups and innovation (% change)

Figure 5: Estimated effects of stricter noncompete enforceability on earnings, mobility, startups and innovation (% change): Citation-weighted patents (average-sized increase) -16% to -18%; Job creation at new businesses (average-sized increase) -7.0%; Tech workers' cumulative earnings after 8 years (average vs non-enforcing state) -4.6%; Within-industry job changes, high-use industries (25th to 75th percentile) -3.8%; New business formation (average-sized increase) -3.1%; Average worker earnings (25th to 75th percentile) About -2%Citation-weighted patents…-16% to -18%Job creation at new busin…-7.0%Tech workers' cumulative …-4.6%Within-industry job chang…-3.8%New business formation (a…-3.1%Average worker earnings (…About -2%
Chart data
LabelValue
Citation-weighted patents (average-sized increase)-16% to -18%
Job creation at new businesses (average-sized increase)-7.0%
Tech workers' cumulative earnings after 8 years (average vs non-enforcing state)-4.6%
Within-industry job changes, high-use industries (25th to 75th percentile)-3.8%
New business formation (average-sized increase)-3.1%
Average worker earnings (25th to 75th percentile)About -2%
Each study measures a different change in enforceability, so bars show direction and rough size, not directly comparable effects. The patent bar plots the low end of the 16-18% range. Source: National Bureau of Economic Research, Innovation, Inventor Mobility, and the Enforceability of Noncompete Agreements (NBER Working Paper 31487; Johnson, Lipsitz and Pei).
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NDA Statistics: Confidentiality and Non-Disclosure Agreements at Work

Few surveys count workplace NDAs directly, so this section draws on federal and state laws that limit them, EEOC charge data and regulator findings on agreements that kept employees from reporting misconduct.

Figure 6: Title VII sexual harassment charges filed with the EEOC, FY 2019 to FY 2025

Figure 6: Title VII sexual harassment charges filed with the EEOC, FY 2019 to FY 2025FY 2019: 7,514; FY 2020: 6,587; FY 2021: 5,581; FY 2022: 6,201; FY 2023: 7,732; FY 2024: 8,474; FY 2025: 8,4757,5146,5875,5816,2017,7328,4748,475FY 2019FY 2020FY 2021FY 2022FY 2023FY 2024FY 2025
Chart data
LabelValue
FY 20197,514
FY 20206,587
FY 20215,581
FY 20226,201
FY 20237,732
FY 20248,474
FY 20258,475
Charge receipts only; excludes charges filed solely with state or local fair employment practices agencies. Source: U.S. Equal Employment Opportunity Commission, Table E2c. Title VII Sexual Harassment Charge Receipts and Resolutions by Type of Resolution FY 2010 - FY 2025.
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Mandatory Arbitration Statistics in Employment Contracts

Mandatory arbitration clauses send employment disputes to a private arbitrator instead of a court. The main national estimate comes from a 2017 survey of private-sector workplaces.

Figure 7: Share of US nonunion workplaces with mandatory employment arbitration, by industry, 2017 (%)

Figure 7: Share of US nonunion workplaces with mandatory employment arbitration, by industry, 2017 (%): Education and health 62.1%; Business services 61.1%; Information 59.1%; Retail trade 57.1%; Leisure and hospitality 54.0%; Manufacturing 52.9%; Wholesale trade 52.9%; Transportation 51.3%; Finance, insurance and real estate 48.5%; Other services 48.5%; Construction 37.7%Education and health62.1%Business services61.1%Information59.1%Retail trade57.1%Leisure and hospitality54.0%Manufacturing52.9%Wholesale trade52.9%Transportation51.3%Finance, insurance and re…48.5%Other services48.5%Construction37.7%
Chart data
LabelValue
Education and health62.1%
Business services61.1%
Information59.1%
Retail trade57.1%
Leisure and hospitality54.0%
Manufacturing52.9%
Wholesale trade52.9%
Transportation51.3%
Finance, insurance and real estate48.5%
Other services48.5%
Construction37.7%
Colvin survey of 627 private-sector establishments, March to July 2017 (margin of error plus or minus 3.9 points), published by EPI in 2018. No newer national estimate of this scope has been published. Source: Economic Policy Institute, The growing use of mandatory arbitration (Alexander J.S. Colvin).
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Employment Arbitration Outcomes: Win Rates, Awards and Mass Arbitration

Win rates in arbitration and court are hard to compare because different cases reach a decision in each. Read these figures alongside the study and the years they cover.

Figure 8: Employee win rates in AAA employment arbitration vs federal court, 2019-2020 cases (% of decided cases won by employee)

Figure 8: Employee win rates in AAA employment arbitration vs federal court, 2019-2020 casesArbitration, decided after hearing: 31%; Federal court, decided at trial: 40%; Arbitration, all decided cases (hearing or motion): 19%; Federal court, all decided cases (trial or motion): 1%31%40%19%1%Arbitration…Federal cou…Arbitration…Federal cou…
Chart data
LabelValue (% of decided cases won by employee)
Arbitration, decided after hearing31%
Federal court, decided at trial40%
Arbitration, all decided cases (hearing or motion)19%
Federal court, all decided cases (trial or motion)1%
From the National Academy of Arbitrators foundation-funded study (Table I). Settled cases are excluded; most cases in both forums settle (80% in arbitration, 72% in litigation). Source: National Academy of Arbitrators Research and Education Foundation (grant-funded report), Comparative Analysis of Employment Arbitration and Employment Litigation (Katz, Kochan, Maltby, St. Antoine and Sherwyn).
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Severance Pay Statistics: Formulas, Weeks of Pay and Releases

US private employers are not required by federal law to pay severance, so the amount is set by contract or company policy. Layoff counts and the rules for releases show when these terms come into play.

Figure 9: Statutory and government severance formulas compared
JurisdictionFormulaEligibility or adjustmentCap
U.S. private employersNo federal requirement under the FLSA; severance is set by contract or policyNot applicableNone set by federal law
U.S. federal employees (OPM)1 week of basic pay per year of service for the first 10 years, 2 weeks per year after12 months' continuous service; +2.5% per full 3 months of age over 4052 weeks in a lifetime
United Kingdom (statutory redundancy)0.5 week's pay per year under 22, 1 week aged 22-40, 1.5 weeks aged 41+2 years' service20 years counted; weekly pay capped at £751; maximum £22,530 (from 6 April 2026)
Ontario, Canada (ESA)Regular weekly wages times completed years of employment (plus months/12)5+ years' service and $2.5 million global payroll, or 50+ employees severed in six months on a closure26 weeks

Executive Employment Agreement and CEO Severance Statistics

Executive agreements are shaped by tax rules, proxy adviser policies and SEC clawback rules. Several of these thresholds sit at about three times pay.

Figure 10: Severance and clawback thresholds that shape US executive employment agreements
Rule or policyWhat it governsThresholdSource
IRC Section 280GGolden parachute definitionPayments equal to or above 3 times the base amount (average of most recent 5 taxable years)26 U.S.C. 280G
IRC Section 4999Excise tax on excess parachute payments20 percent of the excess payment26 U.S.C. 4999
ISS benchmark policy (2026)Problematic new or amended severanceGenerally over 3 times base salary and bonus; single triggers and excise tax gross-ups also flaggedISS US Proxy Voting Guidelines
Council of Institutional InvestorsShareholder ratification of severanceOver 2.99 times average salary plus bonus for the prior three years; contracts no longer than three yearsCII Policies on Corporate Governance
SEC Rule 10D-1Mandatory clawback lookbackThree completed fiscal years before a restatement; pay received on or after October 2, 2023SEC Release 2022-192

IP Assignment, Non-Solicitation and Other Restrictive Covenant Statistics

Employers give trade secret and client protection as the main reasons for non-competes. Litigation data and no-poach enforcement show how these clauses play out.

Figure 11: State laws that void employee invention-assignment clauses for inventions made on the employee's own time without employer resources (selected states)
StateStatuteCarve-out coversHistory note as printed
MinnesotaMinn. Stat. 181.78Inventions made entirely on own time with no employer equipment, supplies, facility or trade secrets, unless related to employer's business or R&D or resulting from work for the employer1977 c 47 s 1; 1986 c 444
WashingtonRCW 49.44.140Same own-time, no-employer-resources test with the same two exceptions1979 ex.s. c 177 s 2
KansasK.S.A. 44-130Same own-time, no-employer-resources test with the same two exceptionsL. 1986, ch. 186, § 1
Delaware19 Del. C. § 805Same own-time, no-employer-resources test with the same two exceptions64 Del. Laws, c. 257, § 1; 70 Del. Laws, c. 186, § 1
New YorkN.Y. Labor Law § 203-FSame own-time, no-employer-resources test with the same two exceptionsMost recent revision 2023-09-22

India Employment Contract Statistics: Written Contracts, Leave and Social Security

Most work in India happens outside formal employment, and many salaried workers have no written contract at all. ILO and government survey data track the change over time.

Figure 12: Share of India's regular workers without a written job contract, 2005 to 2022 (%)

Figure 12: Share of India's regular workers without a written job contract, 2005 to 20222005: 59.6%; 2012: 64.5%; 2019: 69.8%; 2022: 61.9%59.6%64.5%69.8%61.9%2005201220192022
Chart data
LabelValue (%)
200559.6%
201264.5%
201969.8%
202261.9%
Computed by ILO/IHD from Employment and Unemployment Surveys and PLFS unit-level data, usual status (UPSS), age 15+. Source: International Labour Organization and Institute for Human Development, India Employment Report 2024: Youth employment, education and skills.
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What the numbers mean for workers

Non-competes are not limited to senior staff. The FTC estimated 30 million US workers were bound by one in 2024, and in a 2017 employer survey 49.4% of private workplaces required at least some employees to sign. Among workplaces with average pay under $13.00 an hour, 29.0% required all of their workers to sign one.

A clause in your contract does not mean a court will enforce it. In California, North Dakota and Oklahoma, which do not enforce non-competes, 7.0% of workers still reported having one. A federal court blocked the FTC's 2024 nationwide ban, and in September 2025 the FTC voted 3-1 to drop its appeals and accept vacatur of the rule, so state law now decides. Minnesota and North Dakota void most non-competes, Washington sets a 2026 threshold of $126,858.83 for employees and bans all of them from June 30, 2027, and Florida allows terms of up to 4 years for covered high earners.

Arbitration clauses matter just as much. In 2017, 56.2% of private nonunion workers were subject to mandatory arbitration, and 30.1% of employers that required it also included class action waivers. Employees won 19% of AAA cases decided by an arbitrator in 2019-2020, but the median civil rights damages award was $39K, against $406K in federal court litigation.

Severance is a contract term, not a right

Employers announced 1,206,374 job cuts in 2025, up 58% from 2024, and 3.3 million long-tenured workers were displaced between January 2023 and December 2025. Only about 45% of those displaced workers got written advance notice.

No federal law requires private employers to pay severance, so what you get depends on your contract or company policy. Federal employees, by contrast, get one week of basic pay per year of service for the first 10 years and two weeks per year after that, capped at 52 weeks. If you are 40 or older and asked to waive age claims, you must get at least 21 days to consider the release, or 45 days in a group layoff, plus 7 days to revoke after signing.

What to do with this data

  • Check which state's law governs your non-compete and if your pay falls below that state's threshold. Colorado can fine employers $5,000 per worker, and Virginia $10,000 per violation for non-competes with low-wage employees.
  • Read the arbitration clause for a class action waiver. Since March 3, 2022, workers can choose to take sexual assault and harassment claims to court even if they signed one.
  • Look for NDA terms that bar reporting misconduct. The Speak Out Act of 2022 limits pre-dispute NDAs in harassment cases, and the SEC charged seven companies in September 2024 over agreements that impeded reports.
  • Check the invention assignment clause. Minnesota, Washington, Kansas, Delaware and New York void assignments of inventions made on your own time without employer resources.
  • Ask for the severance formula in writing before you sign, not when you are laid off.
  • For employers: a narrower clause is easier to defend. In GAO's 2022 survey, 95% of employers using non-competes cited protecting trade secrets, and 54% of employers answering a UK consultation said IP law or confidentiality clauses could protect them instead.

Check your employment contract before you sign

The figures on this page point to the same clauses: non-competes that may not hold up in your state, arbitration terms that waive class actions, broad NDAs and severance that exists only if the contract says so. An automated review of your agreement flags those terms, explains them in plain English and checks them against the rules for your state.

  • Non-compete length, geography and any state ban or pay threshold that applies
  • Mandatory arbitration, class action waivers and who pays the fees
  • NDA scope and whether it limits reporting harassment or misconduct
  • Invention and IP assignment, including work done on your own time
  • Severance amount, release terms and review periods
  • Non-solicitation of clients and coworkers after you leave
Review an employment contract

Frequently asked questions

How many workers have non-compete agreements?

Estimates vary by method. The FTC put the number at 30 million US workers, nearly one in five, in 2024. Federal Reserve survey data showed 11.4% of adult workers had one, and a 2017 employer survey estimated 27.8% to 46.5% of private-sector workers.

Are non-competes banned in the US?

Not nationally. A federal court blocked the FTC's 2024 rule, and in September 2025 the FTC voted 3-1 to drop its appeals and accept vacatur of the rule. State law now applies: Minnesota and North Dakota void most non-competes, and Washington makes all of them void from June 30, 2027.

How common is mandatory arbitration in employment contracts?

In a 2017 national survey, 56.2% of US private-sector nonunion employees were subject to mandatory arbitration, an estimated 60.1 million workers. Of employers requiring it, 30.1% also included class action waivers.

Do employees win in arbitration or in court?

It depends on how cases are counted. Employees won 19% of AAA employment cases decided by an arbitrator in 2019-2020, versus 1% of federal cases decided by trial or motion. After a full hearing, employees won 31% in arbitration and 40% at federal trial, and median civil rights damages were $39K against $406K.

Is severance pay required by law?

Not for US private employers; severance is set by contract or company policy. Federal employees get one week of basic pay per year for the first 10 years of service and two weeks per year after that, up to 52 weeks in a lifetime.

Can an NDA stop me from reporting harassment?

The federal Speak Out Act of 2022 made pre-dispute NDAs unenforceable in sexual assault and harassment disputes. Washington sets $10,000 in statutory damages for NDA terms that gag workers about discrimination, harassment or wage violations.

How many doctors sign non-competes?

In a 2026 Physicians Advocacy Institute survey of 1,003 physicians, 48% of employed physicians said they were subject to a non-compete with their current employer, and 33% reported being subject to a nondisclosure agreement.

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Employment Contract Statistics 2026: 160+ Numbers on Non-Competes, NDAs, Arbitration and Severance
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Sources and method

Every number on this page comes from the sources below, each opened and read on or before October 17, 2026. A second, independent review checked every figure against its source and corrected anything that did not match. Figures that could not be confirmed were left out.

  1. U.S. Bureau of Labor Statistics, Contingent and Alternative Employment Arrangements, July 2023 (November 8, 2024)
  2. U.S. Bureau of Labor Statistics, Employee Tenure in January 2026 (September 24, 2026)
  3. U.S. Bureau of Labor Statistics, Union Members, 2025 (February 18, 2026)
  4. Australian Bureau of Statistics, Working arrangements, August 2025 (December 12, 2025)
  5. Pew Research Center, The State of Gig Work in 2021 (December 8, 2021)
  6. MBO Partners, 2026 State of Independence Report (2026 edition)
  7. U.S. Federal Trade Commission, FTC Announces Rule Banning Noncompetes (April 23, 2024)
  8. U.S. Federal Trade Commission, Federal Trade Commission Files to Accede to Vacatur of Non-Compete Clause Rule (September 5, 2025)
  9. Washington State Department of Labor & Industries, Non-Compete Agreements (earnings thresholds) (2026 thresholds)
  10. Washington State Legislature, RCW 49.62.020 Noncompetition covenants: when void and unenforceable (Current code (versions effective until and from June 30, 2027))
  11. Colorado General Assembly, HB22-1317 Restrictive Employment Agreements (Signed June 8, 2022; effective August 10, 2022)
  12. Maryland General Assembly, Maryland Code, Labor and Employment 3-716 (Current code)
  13. Maine Legislature, 26 M.R.S. 599-A Restrictions on noncompete agreements (Current code)
  14. Virginia General Assembly (Legislative Information System), Code of Virginia 40.1-28.7:8 Prohibiting noncompete agreements for low-wage employees (Current code)
  15. Florida Legislature, Florida Statutes 542.43 Definitions (CHOICE Act) (2025 statutes)
  16. Florida Legislature, Florida Statutes 542.45 Covered noncompete agreements (2025 statutes)
  17. The Florida Senate, CS/CS/CS/HB 1219 Employment Agreements (Chapter 2025-213) (Became law July 3, 2025)
  18. Minnesota Office of the Revisor of Statutes, Minnesota Statutes 181.988 Covenants not to compete void (2023 c 53 art 6 s 1)
  19. North Dakota Legislative Branch, North Dakota Century Code 9-08-06 In restraint of business void (Current code)
  20. Economic Policy Institute, The growing use of mandatory arbitration (Alexander J.S. Colvin) (April 6, 2018 (survey March to July 2017))
  21. U.S. Government Publishing Office (govinfo), Public Law 117-90, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (Approved March 3, 2022)
  22. Office of the Clerk, U.S. House of Representatives, Roll Call 33, H.R. 4445 (February 7, 2022)
  23. American Arbitration Association, Employment Arbitration (Accessed October 2026 (2025 case data))
  24. JAMS, Arbitration Fees (Accessed October 2026)
  25. Acquisition.gov (U.S. General Services Administration), DFARS 222.7402 Policy (arbitration restrictions for defense contractors) (Current regulation)
  26. Legal Information Institute, Cornell Law School, 26 U.S. Code 280G Golden parachute payments (Current code)
  27. Legal Information Institute, Cornell Law School, 26 U.S. Code 4999 Golden parachute payments (excise tax) (Current code)
  28. U.S. Securities and Exchange Commission, SEC Adopts Compensation Recovery Listing Standards and Disclosure Rules (Press Release 2022-192) (October 26, 2022)
  29. U.S. Securities and Exchange Commission, Fact Sheet: Recovery of Erroneously Awarded Compensation (October 2022)
  30. Harvard Law School Forum on Corporate Governance, Compensation Clawbacks: Surveying the Disclosures to Date (Compensia) (September 22, 2026)
  31. U.S. Securities and Exchange Commission (Federal Register), Order Granting Accelerated Approval of Nasdaq Rule 5608 (Recovery of Erroneously Awarded Executive Compensation), 88 FR 39294 (June 15, 2023)
  32. Harvard Law School Forum on Corporate Governance, Golden Parachutes Face Investor Scrutiny (ISS Corporate Solutions) (November 14, 2023)
  33. Harvard Law School Forum on Corporate Governance, U.S. Say-On-Golden Parachute Failure Rate and CEO Golden Parachute Values in 2022 (ISS) (April 10, 2023)
  34. ISS (Institutional Shareholder Services), United States Proxy Voting Guidelines, Benchmark Policy Recommendations (Published December 9, 2025; effective February 1, 2026)
  35. Council of Institutional Investors, CII Policies on Corporate Governance (Current policies (accessed October 2026))
  36. Equilar, Executive Factbook (Data updated October 2023)
  37. Federal Reserve Bank of Minneapolis, New data on non-compete contracts and what they mean for workers (June 21, 2023)
  38. U.S. Bureau of Labor Statistics, Monthly Labor Review, Noncompete agreements, bargaining, and wages: evidence from the National Longitudinal Survey of Youth 1997 (Rothstein and Starr) (June 2022)
  39. Economic Policy Institute, Noncompete agreements: Ubiquitous, harmful to wages and to competition (Colvin and Shierholz) (December 10, 2019)
  40. U.S. Government Accountability Office, Noncompete Agreements: Use Is Widespread to Protect Business' Interests (GAO-23-103785) (May 2023)
  41. UK Department for Business and Trade, Non-compete clauses: impact assessment (12 May 2023)
  42. UK Department for Business and Trade, Non-compete clauses: government response to consultation (12 May 2023)
  43. National Bureau of Economic Research, The Labor Market Effects of Legal Restrictions on Worker Mobility (NBER Working Paper 31929; Johnson, Lavetti and Lipsitz) (December 2023, revised December 2024)
  44. National Bureau of Economic Research, Innovation, Inventor Mobility, and the Enforceability of Noncompete Agreements (NBER Working Paper 31487; Johnson, Lipsitz and Pei) (July 2023, revised December 2024)
  45. Journal of Human Resources (University of Wisconsin Press), Locked In? The Enforceability of Covenants Not to Compete and the Careers of High-Tech Workers (Balasubramanian et al.) (April 2022, vol. 57(S))
  46. American Economic Journal: Applied Economics (American Economic Association), Physician Practice Organization and Negotiated Prices: Evidence from State Law Changes (Hausman and Lavetti) (April 2021, vol. 13, no. 2)
  47. National Academy of Arbitrators Research and Education Foundation (grant-funded report), Comparative Analysis of Employment Arbitration and Employment Litigation (Katz, Kochan, Maltby, St. Antoine and Sherwyn) (November 1, 2023)
  48. U.S. Chamber of Commerce Institute for Legal Reform, Fairer, Faster, Better III: An Empirical Assessment of Consumer and Employment Arbitration (ndp | analytics; funded by the U.S. Chamber of Commerce Institute for Legal Reform) (March 2022)
  49. Economic Policy Institute, The arbitration epidemic (EPI Briefing Paper #414; Stone and Colvin) (December 7, 2015)
  50. American Arbitration Association, What 2025 Data Reveals About a Shifting Landscape (mass arbitration) (June 3, 2026)
  51. National Bureau of Economic Research, Theory and Evidence on Employer Collusion in the Franchise Sector (NBER Working Paper 24831; Krueger and Ashenfelter) (July 2018)
  52. Washington State Office of the Attorney General, AG Report: Ferguson's initiative ends no-poach practices nationally at 237 corporate franchise chains (June 16, 2020)
  53. Syracuse University Whitman School of Management, Employment Restrictions on Resource Transferability and Value Appropriation from Employees (Balasubramanian, Starr and Yamaguchi; Strategic Management Journal, forthcoming) (May 21, 2024)
  54. LexisNexis Lex Machina, Lex Machina 2026 Trade Secret Litigation Report: Federal Trade Secret Filings Hit an All-Time High in 2025 (press release) (January 29, 2026)
  55. Minnesota Office of the Revisor of Statutes, Minnesota Statutes 181.78 Agreements; terms relating to inventions (Current statute (History: 1977 c 47 s 1; 1986 c 444))
  56. Washington State Legislature, RCW 49.44.140 Requiring assignment of employee's rights to inventions (Current statute (1979 ex.s. c 177 s 2))
  57. Kansas Office of Revisor of Statutes, K.S.A. 44-130 Employment agreements assigning employee rights in inventions (Current statute (L. 1986, ch. 186, § 1))
  58. State of Delaware (Delaware Code Online), 19 Del. C. § 805 Employee's right to certain inventions (Current statute (64 Del. Laws, c. 257, § 1; 70 Del. Laws, c. 186, § 1))
  59. New York State Senate, New York Labor Law § 203-F Inventions made by employees (Most recent revision 2023-09-22)
  60. Physicians Advocacy Institute, Corporate Ownership's Impact on Physicians' Practice Experience: 2026 PAI Employed Physician Survey (July 2026 (fielded April 14 to May 4, 2026))
  61. U.S. Federal Trade Commission, FTC Takes Action Against Noncompete Agreements, Securing Protections for Workers (April 15, 2026)
  62. U.S. Federal Trade Commission, FTC Takes Action to Protect Workers from Noncompete Agreements (September 4, 2025)
  63. UK Competition and Markets Authority, CMA response to working paper on options for reform of non-compete clauses in employment contracts (February 2026)
  64. UK Competition and Markets Authority, Competition and market power in UK labour markets (25 January 2024)
  65. U.S. Government Publishing Office (govinfo), Speak Out Act, Public Law 117-224 (December 7, 2022)
  66. Washington State Legislature, RCW 49.44.211: Nondisclosure and nondisparagement provisions (Revised Code of Washington (as amended 2022))
  67. U.S. Securities and Exchange Commission, SEC Charges Seven Public Companies with Violations of Whistleblower Protection Rule (September 9, 2024)
  68. U.S. Equal Employment Opportunity Commission, Table E2c. Title VII Sexual Harassment Charge Receipts and Resolutions by Type of Resolution FY 2010 - FY 2025 (March 2026)
  69. UK Financial Conduct Authority, Culture and non-financial misconduct survey: findings (25 October 2024 (modified 24 March 2026))
  70. UK Ministry of Justice (GOV.UK), Victims and Prisoners Act 2024: changes to non-disclosure agreements (11 December 2025)
  71. Office for Students (England), Condition E6: Harassment and sexual misconduct (In force 1 August 2025)
  72. U.S. Office of Personnel Management, Fact Sheet: Severance Pay (Accessed October 2026)
  73. U.S. Department of Labor, Severance Pay (Accessed October 2026)
  74. U.S. Equal Employment Opportunity Commission, Q&A: Understanding Waivers of Discrimination Claims in Employee Severance Agreements (Accessed October 2026)
  75. Internal Revenue Service, Publication 15 (2026), (Circular E), Employer's Tax Guide (2026)
  76. Challenger, Gray & Christmas, 2025 Year-End Challenger Report: Highest Q4 Layoffs Since 2008; Lowest YTD Hiring Since 2010 (January 8, 2026)
  77. Challenger, Gray & Christmas, Job Cuts Fall in September; Hiring Plans Up 3% Over 2025 On Weak Early Seasonal Hiring (October 1, 2026)
  78. U.S. Bureau of Labor Statistics, Worker Displacement: 2023-2025 (Displaced Workers Summary) (August 27, 2026)
  79. U.S. Bureau of Labor Statistics, Job Openings and Labor Turnover Summary, August 2026 (September 29, 2026)
  80. GOV.UK, Redundancy: your rights - Redundancy pay (Rates for redundancies on or after 6 April 2026)
  81. Government of Ontario, Your guide to the Employment Standards Act: Severance pay (Accessed October 2026)
  82. International Labour Organization and Institute for Human Development, India Employment Report 2024: Youth employment, education and skills (March 2024)
  83. National Statistics Office, Ministry of Statistics and Programme Implementation, Government of India, Press Note on Periodic Labour Force Survey (PLFS) Annual Report, 2025 [January 2025 - December 2025] (27 March 2026)
  84. Press Information Bureau, Government of India, 5 Years of e-Shram Portal: Building an Inclusive Social Security Ecosystem (August 25, 2026)
  85. Press Information Bureau, Government of India, Labour Reforms: Formalising and Safeguarding India's Gig & Platform Workforce (December 9, 2025)
  86. Office for National Statistics, EMP17: People in employment on zero hours contracts (August 2026 edition, Table 1) (18 August 2026)
  87. Federal Trade Commission (Federal Register, via GovInfo), Non-Compete Clause Rule, final rule (89 FR 38342) (May 7, 2024)
  88. Federal Trade Commission, Noncompete Rule (rule page and status) (Accessed October 2026)
  89. U.S. Department of the Treasury, Office of Economic Policy, Non-compete Contracts: Economic Effects and Policy Implications (March 2016)
  90. U.S. Equal Employment Opportunity Commission, Select Task Force on the Study of Harassment in the Workplace: Report of Co-Chairs (June 2016)
  91. U.S. Securities and Exchange Commission, Office of the Whistleblower Annual Report to Congress for Fiscal Year 2025 (February 11, 2026)

Cite this page

ClauseAudit, “Employment Contract Statistics 2026: 160+ Numbers on Non-Competes, NDAs, Arbitration and Severance”, updated October 17, 2026, https://clauseaudit.com/data/employment-contract-statistics. Free to reuse with a link back (CC BY 4.0).

This page summarises published data and law as checked on October 17, 2026. Figures are updated as new editions are released, and your own situation may differ. It is general information, not legal, tax or financial advice.