Massachusetts employers must navigate one of the most technical non‑compete statutes in the country: the Massachusetts Noncompetition Agreement Act (MNAA). The law imposes strict requirements on timing, notice, consideration, and scope, and even small procedural mistakes can render an agreement unenforceable. Employers cannot use non‑competes for non‑exempt employees, interns, minors, or anyone terminated without cause, and they must ensure the agreement is presented at least 10 business days before the start date, includes a right‑to‑counsel notice, and is supported by garden‑leave pay or other mutually agreed consideration. Restrictions must be tied to legitimate business interests and limited to the employee’s actual role, geography, and activities over the prior two years.
For employers who rely on non‑competes to protect confidential information, customer relationships, and goodwill, the focus in 2026 should be precision and process. Well‑designed onboarding workflows, role‑specific tailoring, and careful entity‑level drafting are essential to avoid unenforceability.
Many companies can achieve the same protection through non‑solicitation and confidentiality agreements, which fall outside the MNAA and offer more flexibility.
Reviewing and updating templates, training HR teams on statutory requirements, and involving counsel before onboarding or executive departures helps ensure that restrictive covenants hold up if challenged and that the business remains compliant.