Are Non-Competes Enforceable in Massachusetts?
Last updated: 2026-10-07 · Verified against the statutes 2026-10-07
Pay threshold / worker limits
12-month cap, garden leave; void for non-exempt and fired staff
A Massachusetts non-compete must be in writing, signed by both sides, state the right to consult a lawyer, and be given with the formal offer or 10 business days before starting (mid-employment covenants need 10 business days' notice and fresh consideration). It may last no more than 12 months, must protect trade secrets, confidential information or goodwill, and must be backed by garden leave (at least 50% of pay) or other agreed consideration. It cannot be enforced against FLSA non-exempt workers, students, workers 18 or younger, or anyone laid off or fired without cause. Physicians, nurses, psychologists, social workers and broadcasters cannot be bound at all.
Check a non-compete
Answer a few questions; the result cites the statute behind each point. Rules verified 2026-10-07. Saved only in your browser.
Thresholds are measured differently by state (salary, cash compensation, W-2 box 1).
Allowed only with strict limits
Massachusetts allows this non-compete only if it meets the statute's conditions — check each item below.
- Massachusetts: 12-month cap, garden leave; void for non-exempt and fired staff. M.G.L. c. 149, 24L (Noncompetition Agreement Act)
- If employment ends by layoff or termination without cause: Unenforceable against employees terminated without cause or laid off. M.G.L. c. 149, 24L (Noncompetition Agreement Act)
- Duration: 12 months after employment ends (up to 2 years if the employee breached a fiduciary duty or unlawfully took employer property). M.G.L. c. 149, 24L (Noncompetition Agreement Act)
Other Massachusetts rules to check
- Notice and timing: At hire: in writing, signed by both parties, stating the right to consult counsel, and provided by the earlier of the formal offer or 10 business days before employment starts. Mid-employment: same, with at least 10 business days' notice.
- Pay during the restricted period: The covenant must include garden leave - pro-rata pay during the restricted period of at least 50% of the highest annualized base salary in the prior 2 years - or other mutually agreed consideration specified in the agreement.
- Non-solicitation clauses: Employee and customer non-solicits, NDAs, invention assignments, sale-of-business covenants, separation-agreement covenants (with 7 business days to rescind) and no-rehire agreements are outside the Act.
- Choice of law and venue: A choice of another state's law is ineffective if the employee lived or worked in Massachusetts for at least 30 days before termination; suits must be brought where the employee lives or, if agreed, in Suffolk County.
- If a court finds it too broad: Courts have discretion to modify or refuse to enforce.
- Penalties: None under 24L; broadcasting violators pay the employee's attorney's fees and costs.
General information, not legal advice. Enforceability also depends on the exact wording, the employer's legitimate interest and the facts; talk to an employment lawyer before relying on it.
Massachusetts non-compete rules
- Statute
- M.G.L. c. 149, 24L (Noncompetition Agreement Act)M.G.L. c. 149, 186 (broadcasting)M.G.L. c. 112, 12X (physicians)
- Non-exempt employees
- Non-competes are void for FLSA non-exempt (overtime-eligible) employees.
- Independent contractors
- Covered by the statute.
- Duration
- 12 months after employment ends (up to 2 years if the employee breached a fiduciary duty or unlawfully took employer property)
- Notice and timing
- At hire: in writing, signed by both parties, stating the right to consult counsel, and provided by the earlier of the formal offer or 10 business days before employment starts. Mid-employment: same, with at least 10 business days' notice.
- Signed mid-employment
- Requires fair and reasonable consideration independent of continued employment.
- Layoffs / firing without cause
- Unenforceable against employees terminated without cause or laid off.
- Garden leave / pay
- The covenant must include garden leave - pro-rata pay during the restricted period of at least 50% of the highest annualized base salary in the prior 2 years - or other mutually agreed consideration specified in the agreement.
- Non-solicitation
- Employee and customer non-solicits, NDAs, invention assignments, sale-of-business covenants, separation-agreement covenants (with 7 business days to rescind) and no-rehire agreements are outside the Act.
- Choice of law / venue
- A choice of another state's law is ineffective if the employee lived or worked in Massachusetts for at least 30 days before termination; suits must be brought where the employee lives or, if agreed, in Suffolk County.
- Overbroad covenants
- Courts have discretion to modify or refuse to enforce
- Penalties
- None under 24L; broadcasting violators pay the employee's attorney's fees and costs.
Profession-specific rules
- VoidAny restriction on a registered physician's right to practice after the relationship ends is void. M.G.L. c. 112, 12X
- VoidPost-employment practice restrictions on registered and licensed practical nurses are void. M.G.L. c. 112, 74D
- VoidPost-employment practice restrictions on licensed psychologists (129B) and social workers (135C) are void. M.G.L. c. 112, 129B
- VoidGeographic or time restrictions on broadcasting employees after termination by the employer, by mutual agreement or by contract expiration are void. M.G.L. c. 149, 186
Recent and pending changes
Pending: Governor Healey's 2026 economic development bill (H.5386) proposed tightening the 'other consideration' alternative to garden leave, but that language is not in the House (H.5562) or Senate (S.3228) versions; the bill (H.5576) has been in conference committee since July 30, 2026.
Federal law
There is no federal ban on employee non-competes. The FTC's 2024 Non-Compete Clause Rule (16 CFR Part 910), which would have voided most non-competes from September 4, 2024, never took effect: a Texas federal court set it aside nationwide on August 20, 2024 (Ryan LLC v. FTC). On September 5, 2025 the Commission voted 3-1 to drop its appeals and accept that ruling, and on February 12, 2026 it formally removed Part 910 from the Code of Federal Regulations. State law therefore decides whether a non-compete is enforceable.
Frequently asked questions
Are non-competes enforceable in Massachusetts?
12-month cap, garden leave; void for non-exempt and fired staff. A Massachusetts non-compete must be in writing, signed by both sides, state the right to consult a lawyer, and be given with the formal offer or 10 business days before starting (mid-employment covenants need 10 business days' notice and fresh consideration). It may last no more than 12 months, must protect trade secrets, confidential information or goodwill, and must be backed by garden leave (at least 50% of pay) or other agreed consideration. It cannot be enforced against FLSA non-exempt workers, students, workers 18 or younger, or anyone laid off or fired without cause. Physicians, nurses, psychologists, social workers and broadcasters cannot be bound at all.
How long can a non-compete last in Massachusetts?
12 months after employment ends (up to 2 years if the employee breached a fiduciary duty or unlawfully took employer property)
Did the FTC ban non-competes in Massachusetts?
No. The FTC's 2024 rule never took effect — a federal court set it aside in August 2024, the FTC dropped its appeals in September 2025 and removed the rule from the Code of Federal Regulations in February 2026. State law controls, though the FTC still challenges some non-competes case by case.
Official Sources
Figures checked against these sources on 2026-10-07Other states
Same category (Pay threshold / worker limits): Colorado, District of Columbia, Illinois, Maine, Maryland, Nevada, New Hampshire, Oregon
Protect information instead with a confidentiality agreement (NDA generator), or hiring in Massachusetts? Use the offer letter generator.
Not legal advice. Enforceability depends on the agreement's wording and the facts; consult an employment attorney licensed in Massachusetts.