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 03, 2025 | House | Action | Introduction and first reading, referred to | Workforce, Labor, and Economic Development Finance and Policy | |
| March 05, 2025 | House | Action | Author added | ||
| March 13, 2025 | House | Action | Committee report, to adopt | ||
| March 13, 2025 | House | Action | Second reading | ||
| House | Action | House rule 4.20, interim disposition of bills, returned to | Workforce, Labor, and Economic Development Finance and Policy |
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"
}
]Progress through the legislative process
In Committee