Employee Non-compete Bill Advancing in Legislature

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Legislation limiting employee non-compete agreements in Massachusetts advanced on Monday in the Joint Committee on Labor and Workforce Development. Co-chaired by Rep. John Scibak and Sen. Dan Wolf, the Committee approved a redrafted version of House Bill 1701 filed by Rep. Lori Ehrlich in January 2015. The compromise legislation incorporates some of the details outlined by House Speaker Robert A. DeLeo in his March speech to the Greater Boston Chamber of Commerce.

The redrafted bill would limit the use of non-competition agreements to 12 months in most circumstances, and prevent employers from enforcing the agreements on the following categories of workers: employees classified as nonexempt under the Fair Labor Standards Act, 29 U.S.C. 201-219; college students; employees 18 and younger; or employees that have been terminated without cause or laid off. Employers would also be required to notify new hires of any non-compete agreements at either time of formal offer or 10 business days before the start of employment, depending on which comes first.

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