HOUSE DOCKET, NO. 385 FILED ON: 1/5/2009
HOUSE . . . . . . . . . . . . . . . No. 1794
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
William N. Brownsberger
_______________
To the Honorable Senate and House of
Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act to prohibit restrictive employment covenants
____________
___
PETITION OF:
|
Name:
|
District/Address:
|
|
William N. Brownsberger
|
24th Middlesex
|
|
Patricia D. Jehlen
|
Second Middlesex
|
|
Ruth B. Balser
|
12th Middlesex
|
|
Cory Atkins
|
14th Middlesex
|
|
Jennifer Benson
|
37th Middlesex
|
|
Kate Hogan
|
3rd Middlesex
|
|
Tom Sannicandro
|
7th Middlesex
|
|
Carl M. Sciortino, Jr.
|
34th Middlesex
|
|
Theodore C. Speliotis
|
13th Essex
|
|
Ellen Story
|
3rd Hampshire
|
|
Alice K. Wolf
|
25th Middlesex
|
|
Paul Kujawski
|
8th Worcester
|
|
Barbara A. L'Italien
|
18th Essex
|
|
Denise Provost
|
27th Middlesex
|
|
Jennifer M. Callahan
|
18th Worcester
|
|
Anne M. Gobi
|
5th Worcester
|
|
Kenneth J. Donnelly
|
Fourth Middlesex
|
|
Linda Dean Campbell
|
15th Essex
|
|
Steven J. D'Amico
|
4th Bristol
|
|
Elizabeth A. Malia
|
11th Suffolk
|
|
Susan C. Fargo
|
Third Middlesex
|
|
Jonathan Hecht
|
29th Middlesex
|
|
Richard J. Ross
|
9th Norfolk
|
|
Kevin Aguiar
|
7th Bristol
|
|
Alice Hanlon Peisch
|
14th Norfolk
|
|
Thomas M. Stanley
|
9th Middlesex
|
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act to prohibit restrictive employment covenants .
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows
:
Section 1. Section 19 of Chapter 149 of the General Laws of Massachusetts is hereby amended by inserting at the end the following new paragraphs:
Any
written
or
oral
contract
or
agreement
arising out of an employment relationship that
prohibits,
impairs,
restrains,
restricts,
or
places
any
condition
on,
a
person's
ability
to
seek
,
engage
in
or
accept
any
type
of employment
or independent
contractor
work,
for
any
period
of
time
after
an
employment
relationship
has
ended,
shall
be
void
and
unenforce
able
with
respect
to
that
restriction.
This
section
shall
not
render
void
or
unenforceable
the
remainder
of
the
contract
or
agreement
.
For the purposes of this section, chapter 149, section 148B shall control the definition of employment.
Whoever violate
s the provisions of this section shall be liable for reasonable attorneys fees and costs associated with litigation of an affected employee or individual.
This section shall be construed liberally for the accomplishme
nt of its purposes,
and no other prov
ision of the General Laws
shall be construed in a manner that would limit its coverage. Nothing in this section shall preempt tort or contract
claims
, or other statutory claims, based upon an employer’s use
, or attempted use
of an unlawful contract or agr
eement
to interfere with s
ubsequent employment or contractor work.
This section shall apply to all contracts and agreements generated after the effective date of this act.
Section 2. Section 42A of Chapter 93 of the General Laws of Massachusetts is hereb
y amended by striking the words “in violation of the terms of such agreement” where they first appear.
