Analysis

Mass. Noncompete Law Overhaul Not As Strict As It Seems

Law360 (August 17, 2018, 3:21 PM EDT) -- Massachusetts employers may easily work around newly rewritten state noncompete laws by using escape clauses in the legislation or by turning to nonsolicitation agreements, corporate counsel monitoring the legislation told Law360.

Despite lawmakers’ characterizations that noncompete reform would limit the arrangements businesses use to protect their interests, legislative compromises appear to have provided avenues for employers to avert certain constraints on who can be subject to the broadest of restrictive covenants and dodge a first-of-its-kind requirement to compensate former employees while they’re sidelined.

The noncompete reform was one of several policy changes lawmakers tacked on to an economic development bill in...

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