Tag Archives: Massachusetts noncompete

A recent paper, “The Ethics of Noncompete Clauses,” by University of Georgia Professor Harrison Frye, expands the policy discussion around noncompetes, and argues for a more thoughtful analysis. As Professor Frye details, seeing noncompetes “as solely advancing the interests of employers is myopic.”
On Thursday, July 15, 2021, United States District Court Judge Hillman issued what I believe is the first (readily available, anyway) non-dicta, substantive decision on the Massachusetts Noncompetition Agreement Act (the MNAA). Read more about Judge Hillman dismissal of a claim based on a nonconforming noncompete in KPM Analytics North America Corporation v. Blue Sun Scientific, LLC (C.A. No. 4:21-cv-10572-TSH).
Over the past several years, there have been changes to the noncompete laws in 24 states — plus D.C. In some states (such as Illinois, Oregon, and Nevada), there were even multiple changes to the law over the last few years.

To keep track of it all, we’ve prepared a map as a visual supplement to our Changing Trade Secrets | Noncompete Laws page.
As set forth in the Massachusetts Noncompetition Agreement Act, G.L. c. 149, § 24L, “[a] noncompetition agreement [entered into on or after October 1, 2018] shall not be enforceable against . . . employees that have been terminated without cause or laid off . . . .” Id. at § 24L(c).

“Without cause” is not defined in the statute. Worse, its meaning – particularly when juxtaposed against the category of “laid-off” workers – is unclear.