Is your non-compete enforceable in Massachusetts?

We are asked about non-competes almost every week, usually by someone holding a job offer they are afraid to accept. The good news is that Massachusetts law has shifted sharply in employees' favour. The Massachusetts Noncompetition Agreement Act, which took effect on October 1, 2018, sets strict conditions for any non-compete signed on or after that date.

The basic requirements

For a non-compete to be enforceable under the Act, it generally has to meet all of the following conditions. If it fails even one, a court may decline to enforce it.

• It must be in writing, signed by both you and the employer, and state that you have the right to consult a lawyer.
• New hires must receive it with the formal offer or ten business days before starting, whichever is earlier.
• Existing employees must receive fair and reasonable consideration beyond simply keeping their job.
• The restricted period cannot exceed 12 months, except in narrow cases of misconduct.
• It must be reasonable in geography and scope, and protect a legitimate business interest.
• It must include garden leave pay of at least 50% of salary, or other agreed consideration.

Who cannot be bound at all

Some workers are protected entirely. Non-competes cannot be enforced against employees classified as non-exempt under the Fair Labor Standards Act, undergraduate or graduate students in short-term roles, employees who have been laid off or terminated without cause, and workers aged 18 or younger.

The layoff exception surprises many people. If your employer lets you go without cause, a non-compete signed after October 2018 generally cannot stop you working for a competitor.

A non-compete is not enforceable simply because you signed it. It has to earn its place under the statute.

What still applies

The Act covers non-competes, not every restriction. Non-solicitation agreements, confidentiality obligations and invention assignments remain broadly enforceable, and they can still limit what you do in a new role. Agreements signed before October 2018 are judged under older common law, which is more employer-friendly.

If you are considering a move, have your agreements reviewed before you resign. A short opinion letter can tell you what you can safely do, what to avoid, and how to structure your exit so that a dispute is unlikely to start in the first place.