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How long are restrictive covenants enforceable? The limitations imposed through restrictive covenants are not indefinite. Under most circumstances, restrictive covenants executed after December 31, 1961 are no longer enforceable after 30 years, ing to Massachusetts law.
In August 2018, Massachusetts governor Charlie Baker signed into law the Massachusetts Noncompetition Agreement Act, which regulates non-compete clauses by limiting their enforceability and codifying express requirements they must meet (New Massachusetts Law Limits Non-Competes). The law went into effect October 1.
"A covenant not to compete contained in a contract for personal services will be enforced if it is reasonable, based on all the circumstances."
In California, it's illegal to enforce non-compete agreements that put limits on an employee's future job prospects. ing to California Business and Professions Code Section 16600, any contract that restricts an individual from ?engaging in a lawful profession, trade, or business? is null and void.
Under Massachusetts law, a noncompete or nonsolicitation agreement may be unenforceable under certain circumstances if there are material changes in the employment relationship since the employee entered into the agreement at issue.
In January, the Federal Trade Commission proposed a rule that would ban most non-competes in the U.S. The rule was not immediately binding, and the FTC gave the general public 60 days to comment. Nine months later, the FTC still has not issued any final rule or signaled when it will do so.
For example, Massachusetts courts used to enforce non-compete agreements if their duration was ?reasonable.? Thanks to the new law, there is now a number ? the agreements can last for 1 year after termination, or 2 years if the employee breached a fiduciary duty.
The Massachusetts Non Compete Act states that an employer must pay at least half of your average base salary for the duration of the restricted period unless the employer chooses to waive the non compete restrictions. This is called "garden leave" in the statute.