Dez 03, 2020 | Post by: schamane No Comments

Are Non Compete Agreements Enforceable In New Hampshire

Given the diversity of restrictions on the application of restrictive agreements, lawyers should consider advising their professional clients when reviewing boarding procedures in the implementation of non-compete agreements, re-examining the use of separation forms with outgoing workers, and considering a review of multi-level agreements to ensure that they correspond to the jurisdictions for which they may be used. Last week, the Granite State passed a new law banning non-competition of „low-wage“ workers. New Hampshire state law defines „low wages“ as an hourly rate of 200% or less than the federal minimum wage, meaning employers must not compete with workers earning less than an hourly wage of $14.50. The new law will come into force in September. In June of this year, Maine also passed legislation limiting the use of competition bans. Maine law, which applies to contracts concluded or renewed after September 18, 2019, has introduced various restrictions on labour agreements, including: banning the use of non-compete agreements with low-wage workers; employer disclosure of non-competition agreements (at least three working days before the employer signs the agreement); and the prohibition of non-poaching clauses for workers in agreements between employers. The law authorizes the Maine Department of Labor to impose fines of „no less than $5,000“ on employers who enter into non-compliant agreements. In this broader context, New Hampshire`s new law raises more than just a local compliance issue. In addition, the bar will be strengthened for employers who wish to apply a single non-compete agreement and/or manage a uniform non-competition program in a range of states including New Hampshire. Some use „non-rewards“ to cover an agreement that may deter a former employee from joining a competitor for a certain period of time, while others use it to include an agreement that involves a significant partial restriction. This language seems to mean that when a candidate or worker must sign a „non-compete agreement“ or non-counterfeiting agreement as a condition of a job offer or offer of change in the job classification, the employer must provide a copy of the agreement to the applicant or worker before or at the time of the offer. Idaho law amends the requirement that a worker be properly declared tax-exempt in order to be subject to a non-compete obligation.

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