Yes, a non-compete is legal in Alaska to protect trade secrets by reasonable means.^[1]

Reasonableness in the context of employment should consider the following factors:^[2]

• Time and space. The absence or presence of limitations as to time and space;
• Sole contact. Whether the employee represents the sole contact with the customer;
• Trade secrets. Whether the employee is possessed of confidential information or trade secrets;
• Eliminate competition. Whether the covenant seeks to eliminate competition that would be unfair to the employer or merely seeks to eliminate ordinary competition;
• Stifle skills. Whether the covenant seeks to stifle the inherent skill and experience of the employee;
• Disproportional. Whether the benefit to the employer is disproportional to the detriment of the employee;
• Sole means of support. Whether the covenant operates as a bar to the employee’s sole means of support;
• Talents gained during employment. Whether the employee’s talent, which the employer seeks to suppress, was developed during the period of employment; and
• Incidental. Whether the forbidden employment is merely incidental to the primary employment.

5 years has been deemed to be reasonable by the Supreme Court.^[3] A non-compete is recommended to include both a time period and a geographical area.

Although, if both are not included in a non-compete, it “is not rendered unenforceable.”^[4]

Blue penciling is allowed in Alaska and lets the court modify an unreasonable non-compete to be reasonable.The court’s specific language regarding this is to:

hold that if an overbroad covenant not to compete can be reasonably altered to render it enforceable, then the court shall do so unless it determines the covenant was not drafted in good faith. The burden of proving that the covenant was drafted in good faith is on the employer.^[5]