HF1768 (Legislative Session 94 (2025-2026))
Additional circumstances under which a covenant not to compete is valid and enforceable provided.
Related bill: SF3288
AI Generated Summary
This bill proposes amendments to Minnesota Statutes 2024, section 181.988, subdivision 2, relating to covenants not to compete in employment contracts.
Key Provisions:
General Rule:
- Most covenants not to compete in employment agreements are void and unenforceable.
- Most covenants not to compete in employment agreements are void and unenforceable.
Exceptions Where Covenants Not to Compete Are Allowed:
- High-earning employees:
- Employees with an annual budgeted compensation of $120,000 or more who are involved in:
- Research and development, or
- Handling confidential, proprietary, or trade secret information, or
- Managing teams responsible for such tasks.
- Any employee earning $500,000 or more annually, regardless of job duties.
- Employees with an annual budgeted compensation of $120,000 or more who are involved in:
- Sale of a business:
- The seller, partners, members, or shareholders of a business can agree to a temporary and geographically restricted covenant not to compete with the buyer.
- The seller, partners, members, or shareholders of a business can agree to a temporary and geographically restricted covenant not to compete with the buyer.
- Dissolution of a business:
- Partners, members, or shareholders anticipating or undergoing a business dissolution may agree not to carry on a similar business within a reasonable geographic area.
- Partners, members, or shareholders anticipating or undergoing a business dissolution may agree not to carry on a similar business within a reasonable geographic area.
- High-earning employees:
Other Key Provisions:
- Severability Clause: Even if a covenant not to compete is deemed void, other clauses in the contract remain enforceable.
- Employee Protections:
- Courts may award injunctive relief, other remedies, and reasonable attorney fees to employees enforcing their rights under this section.
- Courts may award injunctive relief, other remedies, and reasonable attorney fees to employees enforcing their rights under this section.
- Severability Clause: Even if a covenant not to compete is deemed void, other clauses in the contract remain enforceable.
Purpose of the Bill:
The bill narrows the conditions under which non-compete agreements are enforceable, primarily limiting them to high-income earners, business sales, and dissolutions. It also includes provisions for employee legal protections against unenforceable non-compete clauses.
Bill text versions
- Introduction PDF file
Actions
Date | Chamber | Where | Type | Name | Committee Name |
---|---|---|---|---|---|
March 02, 2025 | House | Floor | Action | Introduction and first reading, referred to | Workforce, Labor, and Economic Development Finance and Policy |
March 04, 2025 | House | Floor | Action | Author added | |
March 12, 2025 | House | Floor | Action | Committee report, to adopt | |
March 12, 2025 | House | Floor | Action | Second reading |
Citations
[ { "analysis": { "added": [ "Allows covenants not to compete for employees with certain job duties and compensation levels.", "Permits covenants not to compete in sales or dissolution of business." ], "removed": [], "summary": "This bill provides additional circumstances under which a covenant not to compete is valid and enforceable, modifying section 181.988.", "modified": [ "Emphasizes that other contractual provisions remain valid even if the covenant is void." ] }, "citation": "181.988" } ]