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Non-Compete Laws in Massachusetts

Massachusetts bans non-competes for FLSA nonexempt employees and some other groups, limits them to 12 months, and requires the agreement to be given by the earlier of the formal offer or 10 business days before work starts.

Last checked . General information, not legal advice.

Massachusetts at a glance

Status
Restricted: exemptions, 12 months, notice
Must be supported by a garden leave clause (at least 50% of highest base salary) or other agreed consideration stated in the agreement.
Enforceable against employees
Only if statutory conditions are met
Salary threshold
Exempt employees only, no dollar figure
Not enforceable against employees classified as nonexempt under the Fair Labor Standards Act.
Advance notice required
Yes, offer or 10 business days
For new hires, by the earlier of a formal offer or 10 business days before employment starts; mid-employment agreements also need 10 business days notice.

Sources

Last checked

The rules in Massachusetts

Are employee non-compete agreements banned, restricted or enforceable in Massachusetts?

Status in Massachusetts: Restricted: exemptions, 12 months, notice. Must be supported by a garden leave clause (at least 50% of highest base salary) or other agreed consideration stated in the agreement.

Can an employer enforce a non-compete against an employee in Massachusetts?

Only if statutory conditions are met. Enforceable against employees in Massachusetts: only if statutory conditions are met.

Is there a minimum salary for a non-compete to be enforceable in Massachusetts?

Salary threshold in Massachusetts: Exempt employees only, no dollar figure. Not enforceable against employees classified as nonexempt under the Fair Labor Standards Act.

Does Massachusetts require employers to give advance notice of a non-compete?

Yes, offer or 10 business days. Advance notice required in Massachusetts: yes, offer or 10 business days. For new hires, by the earlier of a formal offer or 10 business days before employment starts; mid-employment agreements also need 10 business days notice.

Where do the Massachusetts non-compete laws come from?

The rules above come from Mass. Gen. Laws ch. 149, 24L. Each source is linked on this page. We last checked them in October 2026.

Good to know

Also not enforceable against student interns, employees age 18 or younger, and employees terminated without cause or laid off.

The restricted period cannot exceed 12 months after employment ends (2 years in cases of breach of fiduciary duty or unlawful taking of property).

What this means in practice

Read the restriction closely before signing. Note how long it lasts, the area it covers, which activities it bars and which state's law the contract says applies. A choice-of-law clause does not always control, because some states refuse to apply another state's law to their own residents or workers.

Salary thresholds are often adjusted every year for inflation. If a state uses a threshold, check the figure for the year the agreement was signed or is being enforced, and how the statute defines earnings.

A non-compete is different from a non-solicitation or confidentiality agreement. Many states that limit non-competes still allow narrower clauses that protect trade secrets or customer lists. An employment lawyer can explain how the rules apply to a specific agreement.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.