Noncompetes

Massachusetts State House Dome

The Massachusetts legislature passed the Massachusetts Noncompetition Agreement Act (MNAA) in 2018, culminating a longstanding effort to balance employers’ rights to protect legitimate business interests—such as trade secrets, goodwill, and proprietary information—against employees’ rights to pursue future job opportunities. The law imposes restrictions on the use of noncompetition agreements entered on or after October 1, 2018, with employees who work or reside in Massachusetts for at least 30 days prior to the termination of employment. On June 13, 2025, in Miele v. Foundation Medicine, Inc., the state Supreme Judicial Court issued a unanimous decision that narrows the potential scope of the MNAA’s definition of noncompetition agreements and preserves for employers the ability to protect one of their most valuable assets, their employees.

The 2025 Colorado legislative session concluded on May 7, 2025. This latest session has brought a series of significant updates that are poised to reshape the compliance landscape for employers across the state. Among the enacted bills, several are set to introduce new requirements and labor standards compelling employers to adapt swiftly. The vetoed bills, on the other hand, highlight ongoing debates that may signal future changes.

Below we summarize the major bills affecting employers that were either passed or vetoed by Governor Jared Polis.  

Kansas state flag. Vector illustration.

On April 8, 2025, Kansas Governor Laura Kelly signed Senate Bill 241 (SB 241) into law, amending the Kansas Restraint of Trade Act (K.S.A. 50-163). Taking effect on July 1, 2025, this new employer-friendly legislation clarifies the enforceability of customer and employee non-solicitation covenants in Kansas. Under the new law, customer and employee non-solicitation agreements that meet specific requirements are presumed valid and enforceable. This new law also mandates courts to modify overbroad restrictive covenants. SB 241 expressly does not apply to non-competition covenants—meaning it does not affect the enforceability of traditional non-competes, which continue to be governed by existing law.

A new California law requires employers to notify all current and former employees if any signed employment agreement (e.g., offer letter, non-disclosure agreement, employment contract), contains an invalid post-employment covenant not to compete (a “non-compete provision”). Assembly Bill 1076, signed last month by Gov. Newsom, requires employers to give written notice to all affected current and former employees that the non-compete provision is void by February 14, 2024.