Massachusetts non compete law restricts non competes by statute: massachusetts voids non competes for non exempt (hourly) workers and requires garden-leave pay or other consideration, a 12-month cap and advance notice for everyone else.
This guide gives the exact Massachusetts non compete law rule with the date we verified it, the threshold and carve-outs where they exist, what a court does with an overbroad term, and what to do if you signed one. Rules verified against the statute on 2026-10-08; confirm the current rule with Massachusetts Attorney General’s Fair Labor Division or an attorney before you rely on it.
Massachusetts Non Compete Law at a Glance
| Status | Restricted by statute |
| Income threshold | Non exempt employees under the FLSA cannot be bound |
| Statute | Mass. Gen. Laws ch. 149, 24L |
| Notice / consideration | For a new hire, the agreement must be given by the earlier of the formal offer or 10 business days before the start date, with a right-to-counsel statement; for a current employee, 10 business days’ notice plus fair and reasonable consideration beyond continued employment; the agreement must carry a garden-leave clause (at least 50% of base pay during the restriction) or other consideration spelled out in it |
| Carve-outs | FLSA non exempt employees; undergraduate and graduate student interns; employees terminated without cause or laid off; employees 18 or under; the Act does not… |
| Overbroad terms | a court may reform or revise an overbroad agreement to protect the legitimate interest (24L(d)); 12-month cap (24 months only after breach or theft) |
| In effect since | October 1, 2018 (Massachusetts Noncompetition Agreement Act, c. 149 s. 24L) |
In This Massachusetts Non Compete Law Guide:
Is a Non Compete Enforceable Under Massachusetts Non Compete Law?
Massachusetts voids non competes for non exempt (hourly) workers and requires garden-leave pay or other consideration, a 12-month cap and advance notice for everyone else. The statute is Mass. Gen. Laws ch. 149, 24L.
The carve-outs matter: fLSA non exempt employees; undergraduate and graduate student interns; employees terminated without cause or laid off; employees 18 or under; the Act does not cover non solicits, NDAs, sale-of-business covenants, forfeiture-for-competition and separation agreements with a 7-business-day rescission right; separate statutes protect physicians, nurses, psychologists, social workers and broadcasters.
Massachusetts Non Compete Law at a Glance
Rules verified against the statute on 2026-10-08; confirm the current rule with Massachusetts Attorney General’s Fair Labor Division or an attorney before you rely on it. The statute row is where to check it yourself.
| Status | Restricted by statute |
| What the rule says | Massachusetts voids non competes for non exempt (hourly) workers and requires garden-leave pay or other consideration, a 12-month cap and advance notice for everyone else. |
| Income threshold | Non exempt employees under the FLSA cannot be bound |
| Statute | Mass. Gen. Laws ch. 149, 24L |
| Notice or consideration rule | For a new hire, the agreement must be given by the earlier of the formal offer or 10 business days before the start date, with a right-to-counsel statement; for a current employee, 10 business days’ notice plus fair and reasonable consideration beyond continued employment; the agreement must carry a garden-leave clause (at least 50% of base pay during the restriction) or other consideration spelled out in it |
| Carve-outs | FLSA non exempt employees; undergraduate and graduate student interns; employees terminated without cause or laid off; employees 18 or under; the Act does not cover non solicits, NDAs, sale-of-business covenants, forfeiture-for-competition and separation agreements with a 7-business-day rescission right; separate statutes protect physicians, nurses, psychologists, social workers and broadcasters |
| What a court does with an overbroad term | a court may reform or revise an overbroad agreement to protect the legitimate interest (24L(d)); 12-month cap (24 months only after breach or theft) |
| In effect since | October 1, 2018 (Massachusetts Noncompetition Agreement Act, c. 149 s. 24L) |
The Reasonableness Test Under Massachusetts Non Compete Law
A Massachusetts non compete can only protect an employer’s trade secrets, confidential information or goodwill, and it can be no broader than needed to do that. The restricted period generally cannot run longer than 12 months after the job ends. The limit stretches to 2 years only if the worker breached a fiduciary duty or unlawfully took the employer’s property.
A geographic area is presumed reasonable if it covers only the places where the worker provided services or had a material presence during the last 2 years of employment. The scope of work is presumed reasonable if it covers only the kinds of services the worker actually performed in those 2 years. The agreement must also be reasonable in light of the public interest.
Since the 2018 statute took effect, courts have generally upheld restrictions of 12 months or less that are tied to the worker’s actual territory and duties. Courts may revise or narrow an overbroad agreement so that it can be enforced. Broader terms, such as nationwide bans or bans on any work for a competitor, are frequently cut back or refused.
With an overbroad term the court will a court may reform or revise an overbroad agreement to protect the legitimate interest (24L(d)); 12-month cap (24 months only after breach or theft).
Massachusetts Non Compete Law If You Were Fired or Laid Off
A Massachusetts non compete generally cannot be enforced against a worker who was laid off or fired without cause. If you quit, or were fired for cause, the agreement may still apply as long as it meets the other legal requirements.
Under Massachusetts non compete law, fLSA non exempt employees; undergraduate and graduate student interns; employees terminated without cause or laid off; employees 18 or under; the Act does not cover non solicits, NDAs, sale-of-business covenants, forfeiture-for-competition and separation agreements with a 7-business-day rescission right; separate statutes protect physicians, nurses, psychologists, social workers and broadcasters.
What the Employer Must Give Under Massachusetts Non Compete Law
For a new hire, the agreement must be given by the earlier of the formal offer or 10 business days before the start date, with a right-to-counsel statement; for a current employee, 10 business days’ notice plus fair and reasonable consideration beyond continued employment;
the agreement must carry a garden-leave clause (at least 50% of base pay during the restriction) or other consideration spelled out in it If you signed a non compete after you were already working there, keeping your job does not count as consideration.
The employer must give you fair and reasonable consideration separate from continued employment. Separately, every Massachusetts non compete must include either a garden leave clause or other consideration both sides agreed to. Garden leave means pay during the restricted period of at least 50 percent of your highest annualized base salary in the prior 2 years.
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Non Solicit and Non Disclosure Agreements Under Massachusetts Non Compete Law
The 2018 statute does not cover non solicitation agreements (for customers or employees) or nondisclosure agreements. Those are judged under older common-law reasonableness rules and are generally easier for employers to enforce. In June 2025, the state’s highest court confirmed that a non solicit stays outside the statute even when breaking it causes you to forfeit severance pay.
If You Already Signed One: Massachusetts Non Compete Law in Practice
Read the agreement for its length, area and covered activities. Check whether the agreement applies to you at all, for example if you were laid off without cause. If the new job doesn’t conflict with your old duties or territory, you can ask your former employer for a written release or waiver. Before you accept a new offer, consider having a Massachusetts employment lawyer review the agreement.
An employer that believes a valid agreement was broken usually asks a court for an injunction to stop the competing work, and it may also seek money damages for losses it can prove. Attorney’s fees generally depend on what the agreement itself says. By statute, many of these cases must be filed in the county where the worker lives, or in Suffolk County if both sides agree.
The Federal Rule and Massachusetts Non Compete Law
The Federal Trade Commission adopted a nationwide non compete ban in 2024, but a federal court blocked it before it took effect and the FTC later withdrew its defense; as of October 2026 there is no federal ban in force, so Massachusetts non compete law controls. In June 2025, the Supreme Judicial Court ruled in Miele v.
Foundation Medicine that the non compete statute does not apply to non solicitation agreements, even ones paired with a forfeiture clause. A broader 2024 federal FTC rule that would have banned most non competes was struck down in court and never took effect.
Other Massachusetts Non Compete Law Rules to Know
The statute does not apply to workers classified as non-exempt (hourly or overtime-eligible) under federal wage law, undergraduate or graduate students working short-term or as interns, or workers 18 or younger. An employer cannot use another state’s law to avoid these protections if the worker lived or worked in Massachusetts for at least 30 days before leaving. The statute applies only to agreements signed on or after October 1, 2018.
Confirm the details with a Massachusetts employment attorney.
Think your employer owes you money or broke the law?
A non compete is a contract question, and the answer turns on your own agreement’s words. Your state bar runs a lawyer-referral service that connects you with an employment attorney for a short, low-cost first consultation — find it through the American Bar Association referral directory. Free legal aid may also help if your income qualifies.
Massachusetts — the bottom line
- Massachusetts non compete law is a statute with its own limits — the first thing to check is which side of the line your agreement falls on.
- Under Massachusetts non compete law, an overbroad term is a court may reform or revise an overbroad agreement to protect the legitimate interest (24L(d)); 12-month cap (24 months only after breach or theft) — the words of your own agreement decide more than the headline rule.
- Massachusetts non compete law does not stop you from taking a new job in a different field or outside the restricted area — read the scope before you turn an offer down.
Frequently Asked Questions
Are non competes enforceable in Massachusetts?
Sometimes. Massachusetts voids non competes for non exempt (hourly) workers and requires garden-leave pay or other consideration, a 12-month cap and advance notice for everyone else.
Is there an income threshold under Massachusetts non compete law?
Non exempt employees under the FLSA cannot be bound
What does a Massachusetts court do with an overbroad non compete?
A court may reform or revise an overbroad agreement to protect the legitimate interest (24L(d)); 12-month cap (24 months only after breach or theft).
Can my employer enforce a non compete in Massachusetts after firing me?
A Massachusetts non compete generally cannot be enforced against a worker who was laid off or fired without cause. If you quit, or were fired for cause, the agreement may still apply as long as it meets the other legal requirements.
I signed a non compete in Massachusetts and have a new offer — what should I do?
Read the agreement for its length, area and covered activities. Check whether the agreement applies to you at all, for example if you were laid off without cause.
Official Massachusetts Sources & Resources
- Massachusetts Attorney General’s Fair Labor Division: https://www.mass.gov/the-attorney-generals-fair-labor-division
- Massachusetts non compete statute (Mass. Gen. Laws ch. 149, 24L): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section24L
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
- Federal Trade Commission — the non compete rule (status): ftc.gov
- Massachusetts bar lawyer referral: https://www.massbar.org/public/lawyer-referral-service
This Massachusetts non compete law guide was last verified against official Massachusetts sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.