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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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