June 2016

The Massachusetts Noncompetition Agreement Act - Eight Years and Trying

Laws are like sausages, it is better not to see them being made.  Otto von Bismarck

Update: A new noncompete law was finally enacted in 2018. For a detailed discussion of the law see: A New Era In Massachusetts Noncompete Law

You could go to sleep for years, Rip van Winkle-like, and not miss much when it comes to keeping up with Massachusetts noncompetition legislation. Bills have been filed every year since 2009 and failed to be enacted into law. These bills have displayed all kinds of restrictions on non-competes, ranging from an outright ban (California-style), to a minimum salary requirement.

However, it’s worth taking an occasional peak at what the drafters of this legislation are up to, and the proposed 2016 law is worth waking up for, particularly since it passed the Massachusetts House and is headed for the Senate and possible delivery to Governor Baker for signature by the end of July.… Read the full article