Changes to Massachusetts Non-Compete Laws: What Employees Need to Know

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The concept of a non-compete law agreement is not new in Massachusetts, as employers have been requesting employees to sign these clauses in connection with the employment relationship for years. The basic scenario is familiar: the employer asks a current or prospective worker to sign an agreement that prohibits competitive activities after employment ends. Though the exact nature of the prohibitions may vary, the contract typically includes a ban on communicating with customers, using trade secrets to compete, and often prohibiting the employee from working for any competitor for a period of time. Non-compete clauses typically include a geographic range and duration restricting the employee’s activities.

From your perspective as an employee, an agreement not to compete seems inherently unfair. These contracts restrict where you can work even after you leave your current job. If you chose to violate the terms of the noncompetition agreement, your former employer could bring a lawsuit for damages and enjoin your activities.

Fortunately for Massachusetts employees, the legislature recently enacted a new statute that clarifies non-compete agreement applicability, treatment, and enforcement under state law. Governor Charlie Baker signed the bill into law on August 10, 2018, with an effective date of October 1, 2018. Since the new law places some restrictions on the types of non-compete agreements that employers can enforce, you can be sure employers will be doubling down on their efforts to develop rock-solid non-competition clauses that benefit their own business interests. That means, as an employee, you should consult with a Massachusetts non-compete agreements lawyer right away about your current employment relationship and future requests to sign this type of contract. In addition, you may find it useful to review some of the wide-ranging implications under the new statute.

Summary of the New Non-Compete Law in Massachusetts

Though many US states have had non-compete statutes on the books for years, Massachusetts was not one of them until the recent legislation signed into law by Governor Baker. Instead, courts relied on case precedent in determining whether to enforce a Non-Compete Agreement. Some key concepts of previous court findings did carry over into the newly passed statute, as the intent of the language was to strike a balance between competing public policies:

  1. The interests of employees in being able to freely pursue employment opportunities; and,
  2. The goal of employers to protect legitimate business interests.

Massachusetts’ non-compete law is a compromise of both considerations, but there are some important concepts and dates that employees need to know.

Key Changes to Existing Law: The statute applies to all employees and independent contractors who are residents or employed in Massachusetts, including a new provision that clarifies how non-W2 workers are treated. However, a non-compete agreement will not be enforceable against certain types of employees.