Our bill to reduce abuse of non-competition agreements is still alive in this session.
The Globe just ran an op-ed from me and cosponsor Lori Ehrlich about the issue.
The basic purpose of the bill is to narrow the use of non-competition agreements — too many employees are unable get new jobs as a result of having signed these agreements. The strategy of the bill was to create an incentive for employers to write less restrictive agreements by charging attorneys fees to the employer in cases where a court found that an agreement was too restrictive. We’ve been unable to get agreement around this approach and are thinking of taking a simpler approach — perhaps just shortening the maximum term of non-competition agreements.
Our hope at this stage is to get the legislation added in to some other package — perhaps the “jobs” package that may be moving in the Senate. Hard to tell what will happen at the end of the session, but we are still hopeful.