Massachusetts Once Again Is Considering Enacting Comprehensive Noncompete Legislation

For nearly a decade, Massachusetts legislators have considered various bills aimed at regulating the use of noncompetition agreements in the commonwealth. Noncompetes currently are governed by Massachusetts case law which, although relatively well developed, sometimes leads to inconsistent results, in turn leading to uncertainty as to what restrictions will be enforced. Many proponents of noncompete legislation also believe that the current system has resulted in employers' overuse and/or abuse of noncompetition agreements. On the other hand, some business advocates argue that noncompete agreements stifle innovation and new business creation in Massachusetts.

Legislative efforts to regulate the use of noncompetes began in earnest in 2009, and there have been multiple bills introduced each year since. Hopes for legislation gained significant momentum in 2016, when both the Massachusetts House of Representatives and Senate passed noncompete bills. However, the 2016