SENATE DOCKET, NO. 809        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 957

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

William N. Brownsberger

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the judicial enforcement of noncompetition agreements.

_______________

PETITION OF:

 

Name:

District/Address:

 

William N. Brownsberger

Second Suffolk and Middlesex

 

Lori A. Ehrlich

8th Essex

 

Jason M. Lewis

Fifth Middlesex

 

Kenneth J. Donnelly

Fourth Middlesex

 

John F. Keenan

Norfolk and Plymouth

 

Kathleen O'Connor Ives

First Essex

 

Brian A. Joyce

Norfolk, Bristol and Plymouth

 

Michael J. Barrett

Third Middlesex

 

Anthony W. Petruccelli

First Suffolk and Middlesex

 

James B. Eldridge

Middlesex and Worcester

 

Patricia D. Jehlen

Second Middlesex

 

Daniel A. Wolf

Cape and Islands

 

Jennifer L. Flanagan

Worcester and Middlesex

 

Michael F. Rush

Norfolk and Suffolk

 

Barbara A. L'Italien

Second Essex and Middlesex

 

Benjamin B. Downing

Berkshire, Hampshire, Franklin and Hampden

 

Mark C. Montigny

Second Bristol and Plymouth

3/9/2015

James T. Welch

Hampden

3/9/2015


SENATE DOCKET, NO. 809        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 957

By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 957) of William N. Brownsberger, Lori A. Ehrlich, Jason M. Lewis, Kenneth J. Donnelly and other members of the General Court for legislation relative to the judicial enforcement of noncompetition agreements.  Labor and Workforce Development.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act relative to the judicial enforcement of noncompetition agreements.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 149 of the General Laws of Massachusetts shall be amended by inserting the following as Section 19D:-

Section 19D.  Noncompetition Agreements

Any written or oral agreement arising out of an employment or independent contractor relationship that prohibits, impairs, restrains, restricts, or places any condition on a person's ability to seek, engage in, or accept any type of employment or independent contractor work, for any period of time after an employment or independent contractor relationship has ended, shall, to that extent, be void and unenforceable.  This section does not render void or unenforceable the remainder of the agreement containing the unenforceable noncompetition agreement, nor does it affect (i) covenants not to solicit or hire employees or independent contractors of the employer; (ii) covenants not to solicit or transact business with actual or prospective customers, clients, or vendors of the employer; (iii) nondisclosure agreements; (iv) noncompetition agreements made in connection with the sale of a business or partnership or substantially all of the assets of a business or partnership, when the party restricted by the noncompetition agreement is an owner of, or partner with, at least a ten percent interest of the business who received significant consideration for the sale; (v) noncompetition agreements outside of an employment or independent contractor relationship; (vi) forfeiture agreements; or (vii) agreements by which an employee agrees to not reapply for employment to the same employer after termination of the employee.

This section shall apply to all contracts and agreements executed after the effective date of this act.