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:

  1. General Rule:

    • Most covenants not to compete in employment agreements are void and unenforceable.
  2. 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.
    • 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.
    • 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.
  3. 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.

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

Actions

DateChamberWhereTypeNameCommittee Name
March 02, 2025HouseFloorActionIntroduction and first reading, referred toWorkforce, Labor, and Economic Development Finance and Policy
March 04, 2025HouseFloorActionAuthor added
March 12, 2025HouseFloorActionCommittee report, to adopt
March 12, 2025HouseFloorActionSecond 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"
  }
]