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Non-Compete Agreements in Massachusetts

How Massachusetts law treats non-compete agreements, with the statute or official source.

Short answer: Non-competes must be in writing, signed by both sides, state the right to consult a lawyer, and be given with the offer or 10 business days before work starts (or 10 business days' notice, with extra consideration, for current employees). M.G.L. c. 149, §24L

Non-compete agreementsNon-competes must be in writing, signed by both sides, state the right to consult a lawyer, and be given with the offer or 10 business days before work starts (or 10 business days' notice, with extra consideration, for current employees). They may last no more than 12 months and need garden-leave pay (at least 50% of highest base salary) or other agreed consideration. They cannot be enforced against non-exempt (overtime-eligible) employees, students in short-term jobs, workers laid off or fired without cause, or anyone 18 or younger.

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FAQ

Are non-compete agreements enforceable in Massachusetts?
Non-competes must be in writing, signed by both sides, state the right to consult a lawyer, and be given with the offer or 10 business days before work starts (or 10 business days' notice, with extra consideration, for current employees). They may last no more than 12 months and need garden-leave pay (at least 50% of highest base salary) or other agreed consideration. They cannot be enforced against non-exempt (overtime-eligible) employees, students in short-term jobs, workers laid off or fired without cause, or anyone 18 or younger.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.