The Changing Landscape of Competition Law: Massachusetts Noncompete Bill Re-Filed


Over the past two years, various versions of legislation were introduced before the Massachusetts Legislature to reform the existing law on employee noncompetition agreements in the state. A compromise bill has recently been re-filed.

In 2009, a bill was proposed that would have created a total ban on all employee noncompetition agreements under Massachusetts law, prospectively from the date the legislation was enacted. That bill did not receive sufficient support, and a series of compromise bills were proposed afterwards. A compromise bill received substantial public support and positive media coverage during the 2009–2010 legislative session, but nevertheless, it did not reach the floor for a vote by the end of the session. Notwithstanding the support that bill received during the last legislative session, there was strong opposition to certain key provisions contained, which ultimately resulted in its not being considered for a final vote. The sponsors of the compromise bill re-filed a bill on January 20, 2011.

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