`non-competition agreement` means an agreement between an employer and a worker or, in another way, an existing or expected employment relationship, in which the worker or expected worker agrees not to engage in certain activities competing with his employer after the end of the employment relationship. The Common Law will continue to regulate these agreements. Massachusetts customary law will continue to govern the types of agreements excluded from the law. Public policy considerations with regard to protected workers: Although the law only applies to non-compete obligations concluded on 1 October 2018 or after 1 October 2018, it may undermine the will of courts to impose competition bans against low wages and other workers protected on grounds of public policy. Employers should take into account possible public policy arguments when deciding to bring to justice their existing competition bans against such workers. Fair Competition Law, Beck Reed Riden LLP This source focuses on more than just the non-compete clause and covers trade secrets, data protection and security, intellectual property and unfair competition. It is not specific to Massachusetts, but offers substantial resources on this subject, including surveys in 50 states and The Changing Landscape of Trade Secrets Laws and noncompete Laws Around the Country. (i) Where the contract is concluded in connection with the opening of the employment relationship, it must be signed in writing, by both the employer and the worker, and expressly state that the worker has the right to consult a lawyer before signing. The agreement must be presented to the worker by a date prior to a formal offer of employment or 10 working days before the start of the employee`s employment.
The law applies to non-compete agreements signed by employees and independent contractors working or residing in Massachusetts. The law excludes certain types of employer-employee agreements, including agreements not to request or recruit staff, and agreements not to do or deal with an employer`s clients. These laws prohibit competition bans for certain professions: with regard to new recruitments, the law contains some ambiguities about what a counterparty entails to support a non-competition clause. . . .
