Non-Compete Laws in Massachusetts
Restricted by income threshold
Massachusetts restricts non-competes for workers who have been laid off or terminated without cause, interns, non-exempt employees under FLSA, employees 18 or younger, physicians, broadcasters, nurses, social workers, and psychologists. For others, agreements must protect legitimate business interests and comply with statutory requirements, including garden leave provisions.
Key details
| Enforceability | Restricted by income threshold |
|---|---|
| Banned industries | Physicians, broadcasters, nurses, social workers, and psychologists are protected. |
| Blue pencil doctrine | Varies |
| Garden leave required | Yes — Massachusetts permits garden leave clauses if the employer continues paying the departing employee during the restricted period. |
| Key statute | Mass. Gen. Laws Ann. 149 §24L |
What this means for you
If you were laid off or terminated without cause, your non-compete is unenforceable. If you are in a protected profession, you are also protected.
Non-compete laws in Massachusetts: what you need to know
Massachusetts enacted comprehensive non-compete reform in 2018 with the Massachusetts Noncompetition Agreement Act, creating one of the most detailed regulatory frameworks in the country. The law protects a wide range of workers from non-competes, including employees terminated without cause, employees who have been laid off, non-exempt workers under the FLSA, interns, employees 18 or younger, and several specific healthcare and media professions.
Massachusetts is one of the few states that requires some form of garden leave or other mutually agreed-upon consideration during the restricted period. If a non-compete does not include garden leave pay (at least 50% of the employee's highest base salary within the two years preceding termination) or other mutually agreed-upon consideration, it may be unenforceable. This requirement ensures that employees are not simply locked out of their profession without compensation.
The list of protected professions in Massachusetts is extensive. Physicians, nurses, social workers, psychologists, and broadcasters are all protected from non-competes regardless of their income level. This broad protection for healthcare and media workers reflects the state's recognition that non-competes in these fields can cause significant harm to the public.
For workers who are subject to enforceable non-competes, Massachusetts limits the restricted period to 12 months (or 24 months if the employee breached a fiduciary duty or misappropriated employer property). Agreements must be in writing, supported by adequate consideration, and protect a legitimate business interest. Massachusetts courts have historically been rigorous in evaluating non-competes and have declined to enforce agreements that are broader than necessary.
The statute also requires employers to give prospective employees notice of the non-compete before making a formal offer of employment, or at least 10 business days before employment begins. For current employees asked to sign a non-compete, the agreement must be supported by additional consideration beyond continued employment. These procedural requirements are taken seriously by Massachusetts courts.
More Massachusetts workplace laws
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Frequently asked questions about non-compete laws in Massachusetts
No. Massachusetts law explicitly provides that non-compete agreements are not enforceable against employees who have been terminated without cause or who have been laid off.
If a non-compete includes garden leave, the employer must pay at least 50% of the employee's highest base salary within the two years before termination during the restricted period. Alternatively, the employer and employee can agree to other mutually agreed-upon consideration. Without adequate consideration during the restricted period, the non-compete may be unenforceable.
Non-competes are generally limited to 12 months. The restricted period may extend to 24 months only if the employee breached a fiduciary duty or misappropriated the employer's property.
No. Massachusetts specifically protects nurses, physicians, social workers, psychologists, and broadcasters from non-compete agreements regardless of income level.
Yes. Employers must provide notice of the non-compete before making a formal offer of employment, or at least 10 business days before the start of employment. Failure to provide this notice may affect enforceability.