Pay-threshold ban
Massachusetts Non-Compete Law (2026): Void below the pay floor
Massachusetts wrote the whole regime into a single statute in 2018, and it functions as a checklist: the covenant must be in writing and signed by both parties, delivered on a set timetable with an express note about the right to counsel, limited to twelve months, and backed either by garden-leave pay of at least half the worker's highest annualized base salary or by some other consideration the parties agreed on. Whole categories of workers — non-exempt employees, interns, minors, and anyone let go without cause — cannot be bound at all. Separate statutes have long barred non-competes for physicians, nurses, psychologists, social workers and broadcast staff.
The rule
How Massachusetts treats non-compete agreements
The statute never says how much 'other mutually-agreed upon consideration' is enough, which is precisely what the Boston Beer suit is designed to force a court to decide. Miele also opened a well-marked side door: non-solicits and the forfeiture clauses attached to them sit outside the Act's requirements altogether.
If you are an employer
Treat the MNAA as a compliance checklist rather than a drafting guide, price the garden-leave obligation before you paper the deal, and remember that a layoff or a no-cause termination extinguishes the covenant.
If you are a worker
A Massachusetts non-compete falls away if you are non-exempt, an intern, under 19, or were laid off or fired without cause — and even a valid one runs no more than a year and must be paid for.
| Classification | Comprehensive statutory code (MNAA) with garden-leave and notice conditions |
|---|---|
| Pay threshold | No dollar figure. Eligibility turns on FLSA status and circumstances instead: non-exempt employees, student interns, anyone 18 or younger, and any worker laid off or fired without cause fall outside the reach of a non-compete entirely. |
| Maximum term | Twelve months from separation. The ceiling stretches to two years only where the employee breached a fiduciary duty or walked off with the employer's property. |
| Notice or consideration | Yes, and it is layered. At hire, the document must arrive by the earlier of the formal offer or ten business days before the start date; it must say in terms that the employee may consult a lawyer first; and it must be signed by both sides. Mid-employment covenants need their own fresh consideration. |
| Primary statute | Mass. Gen. Laws ch. 149, § 24L |
Detail
What has changed, and what is still moving
Legislation 2024–2026
The MNAA has not been amended since it took effect on Oct. 1, 2018. The 2025-26 session produced three bills — a full ban, a veterinarian carve-out, and a measure pegging alternative consideration to garden-leave value — and all of them failed. A parallel push through the Governor's 'Mass Wins' economic package was removed in committee and abandoned in July 2026.
Bills to watch
No significant restrictive bills pending; the 2026 attempts to amend the MNAA collapsed by late July 2026.
Leading cases
Miele v. Foundation Medicine, Inc., SJC-13697 (Mass. 2025) — the MNAA does not govern forfeiture provisions keyed to a non-solicit breach. Boyd v. The Boston Beer Co., No. 1:25-cv-13618 (D. Mass., filed Dec. 2025) — pending class action testing whether a flat $3,000 payment can qualify as 'other mutually-agreed upon consideration.' Anaplan Parent, LP v. Brennan (Mass. Super. Ct. 2025) — enforcement belongs to the employer of record. Cynosure LLC v. Reveal Lasers, LLC (D. Mass. 2022) — stock options accepted as adequate consideration.
If you have one in hand
What can make a non-compete unenforceable in Massachusetts
- You earn below the threshold. No dollar figure. Eligibility turns on FLSA status and circumstances instead: non-exempt employees, student interns, anyone 18 or younger, and any worker laid off or fired without cause fall outside the reach of a non-compete entirely.
- The employer skipped a required step. Yes, and it is layered. At hire, the document must arrive by the earlier of the formal offer or ten business days before the start date; it must say in terms that the employee may consult a lawyer first; and it must be signed by both…
- The scope is wider than the interest behind it. A restriction that reaches beyond the customers, trade secrets or goodwill the employer can actually point to is the most common reason a covenant fails in Massachusetts.
Whether any of these applies turns on the wording of your own agreement, your role and the case law your court follows. This page maps the statutory landscape; it does not replace advice on a specific contract.
FAQ
Massachusetts non-compete questions
Are non-compete agreements enforceable in Massachusetts?
Massachusetts wrote the whole regime into a single statute in 2018, and it functions as a checklist: the covenant must be in writing and signed by both parties, delivered on a set timetable with an express note about the right to counsel, limited to twelve months, and backed either by garden-leave pay of at least half the worker's highest annualized base salary or by some other consideration the parties agreed on. Whole categories of workers — non-exempt employees, interns, minors, and anyone let go without cause — cannot be bound at all. Separate statutes have long barred non-competes for physicians, nurses, psychologists, social workers and broadcast staff.
How long can a non-compete last in Massachusetts?
Twelve months from separation. The ceiling stretches to two years only where the employee breached a fiduciary duty or walked off with the employer's property.
Which workers in Massachusetts cannot be bound at all?
No dollar figure. Eligibility turns on FLSA status and circumstances instead: non-exempt employees, student interns, anyone 18 or younger, and any worker laid off or fired without cause fall outside the reach of a non-compete entirely.
What notice or consideration does Massachusetts require?
Yes, and it is layered. At hire, the document must arrive by the earlier of the formal offer or ten business days before the start date; it must say in terms that the employee may consult a lawyer first; and it must be signed by both sides. Mid-employment covenants need their own fresh consideration.
Sources
How this entry was checked
- Primary source. Mass. Gen. Laws ch. 149, § 24L — the statutory text itself.
- Secondary sources consulted. Mass. Gen. Laws ch. 149, § 24L (Massachusetts Legislature), Mass.gov noncompetition guide, Fair Competition Law, K&L Gates, Troutman Pepper Locke, ArentFox Schiff, Nelson Mullins.
Check it against a third party
None of these is ours. If a figure here matters to a decision, verify it:
- Federal Trade Commission — non-compete hub
- Economic Innovation Group — State Noncompete Law Tracker
- Fair Competition Law (Beck Reed Riden) — 50-state legislation tracker
- GAO-23-103785 — Noncompete Agreements (May 2023)
This page is general legal information published by Jurizmo and is not legal advice, does not create an attorney-client relationship, and may not reflect amendments enacted after the review date above. Consult a licensed attorney in the relevant state before acting on any agreement.