Non-compete enforceability in Massachusetts

Primary statute

Additional statutes

Doctrine

Explicit reformation power. The statute authorizes courts to reform or revise over-broad covenants — narrower than mandatory reformation.

Industry-specific rules

• healthcare

  Total ban on physician non-competes — pre-dates the 2018 NCAA. Nurses, psychologists, social workers covered by separate statutes.

  Mass. Gen. Laws ch. 112, § 12XSecondary

• broadcast

  Broadcast-employee non-competes restricted under §186.

  Mass. Gen. Laws ch. 149, § 186Secondary

Garden leave / consideration

Must pay ≥ 50% of highest annualized base salary in the prior 2 years on a pro-rata basis during the restricted period — OR 'other mutually-agreed-upon consideration.'

M.G.L. c. 149 § 24L(b)(vii)

Gotchas

• Excludes FLSA-non-exempt employees, students/interns, employees under 18, and employees terminated without cause or laid off.
• Maximum duration is 12 months (24 months only if employee breaches fiduciary duty or takes property).
• Notice required 10 business days before start of employment OR before signing if executed during employment.
• Reasonable scope: tied to where the employee provided services in the prior 2 years.