As expected, the Massachusetts Senate last night passed comprehensive legislation on non-competition agreements that imposes significantly more stringent requirements and limitations on noncompetes than is present in the legislation passed by the House two weeks ago (which already would significantly alter current law). The bill passed by the full Senate differs only slightly from the the proposal advanced by the Rules Committee earlier this week and described in this post. The only material change is that the bill requires employers to “review” a non-competition agreement with an employee no less frequently than every three years. The earlier version required review at least every five years.
The House and Senate now will attempt to iron out the differences between the two bills via conference committee. They have until the end of the month.