SB423 (2018) Detail

Relative to noncompete clauses for low-wage employees.


SB 423  - AS INTRODUCED

 

 

2018 SESSION

 

18-2843

04/01

 

SENATE BILL 423

 

AN ACT relative to noncompete clauses for low-wage employees.

 

SPONSORS: Sen. Watters, Dist 4; Sen. Gannon, Dist 23; Sen. Cavanaugh, Dist 16; Sen. D'Allesandro, Dist 20; Sen. Feltes, Dist 15; Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5; Sen. Kahn, Dist 10; Sen. Lasky, Dist 13; Sen. Soucy, Dist 18; Sen. Woodburn, Dist 1; Rep. Conley, Straf. 13; Rep. Cahill, Rock. 17

 

COMMITTEE: Commerce

 

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ANALYSIS

 

This bill prohibits an employer from requiring an employee to enter a noncompete agreement.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2843

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to noncompete clauses for low-wage employees.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Protective Legislation; Noncompete Agreements for Low-Wage Employees.  Amend RSA 275 by inserting after section 70 the following new section:

275:70-a  Noncompete Agreements for Low-Wage Employees.

I.  In this section:

(a)  "Employer" shall have the same meaning as in RSA 279:1, X.  "Employer" shall not include employees of governmental or quasi-governmental bodies.

(b)  "Low-wage employee" means an employee who earns the greater of:

(1)  The hourly rate equal to the minimum wage required by the applicable federal minimum wage law; or

(2)  $15.00 per hour.

(c)  "Noncompete agreement" means an agreement between an employer and a low-wage employee that restricts such low-wage employee from performing:

(1)  Work for another employer for a specified period of time;

(2)  Work in a specified geographical area; or

(3)  Work for another employer that is similar to such low-wage employee's work for the employer who is a party to the agreement; and that is entered into after the effective date of this section.

II.(a)  No employer shall require a low-wage employee to enter into a noncompete agreement.  

(b)  A noncompete agreement entered into between an employer and a low-wage employee shall be void and enforceable.

2  Effective Date.  This act shall take effect 60 days after its passage.

Links

SB423 at GenCourtMobile

Action Dates

Date Body Type
Feb. 6, 2018 Senate Hearing
March 8, 2018 Senate Floor Vote
March 8, 2018 Senate Floor Vote
March 14, 2018 Senate Floor Vote

Bill Text Revisions

SB423 Revision: 2773 Date: Dec. 20, 2017, 12:02 p.m.

Docket


March 15, 2018: Inexpedient to Legislate, RC 14Y-10N, MA === BILL KILLED ===; 03/15/2018; SJ 8


March 15, 2018: Sen. Sanborn Moved Inexpedient to Legislate; 03/15/2018; SJ 8


March 15, 2018: Ought to Pass: RC 10Y-14N, MF; 03/15/2018; SJ 8


March 15, 2018: Sen. Watters Floor Amendment # 2018-1041s, RC 10Y-14N, AF; 03/15/2018; SJ 8


March 15, 2018: Sen. Watters Withdraws Floor Amendment # 2018-1018s; 03/15/2018; SJ 8


March 15, 2018: Floor Amendment # 2018-1018s, Pending Motion; 03/15/2018;


March 15, 2018: Special Order to 03/15/2018, Without Objection, MA; 03/14/2018 SJ 7


: Floor Amendment # 2018-1018s, Pending Motion; 03/14/2018; SC 11


March 15, 2018: Recommendation: Ought to Pass; 03/15/2018; SC 11


March 14, 2018: Floor Amendment # 2018-1018s, Pending Motiong; 03/14/2018; SC 11


March 8, 2018: Special Order to the next session, Without Objection, MA; 03/08/2018; SJ 6


March 8, 2018: Sen. Watters Offered Floor Amendment # 2018-1018s; 03/08/2018; SJ 6


March 8, 2018: Sen. Watters Moved Ought to Pass; 03/08/2018; SJ 6


March 8, 2018: Inexpedient to Legislate, RC 9Y-14N, MF; 03/08/2018; SJ 6


March 8, 2018: Committee Report: Inexpedient to Legislate, 03/08/2018; SC 10A


Feb. 6, 2018: ===ROOM CHANGE=== Hearing: 02/06/2018, Room 102, LOB, 01:45 pm; SC 5


Jan. 3, 2018: To Be Introduced 01/03/2018 and Referred to Commerce; SJ 1