CHAPTER 201
SB 197 - FINAL VERSION
8May2019... 1839h
2019 SESSION
19-0486
04/06
SENATE BILL 197
AN ACT relative to noncompete agreements for low-wage employees.
SPONSORS: Sen. Watters, Dist 4; Sen. Cavanaugh, Dist 16; Sen. Feltes, Dist 15; Sen. Hennessey, Dist 5; Sen. Dietsch, Dist 9; Sen. Levesque, Dist 12; Sen. Sherman, Dist 24; Sen. Morgan, Dist 23; Sen. Gray, Dist 6; Sen. Kahn, Dist 10; Rep. Conley, Straf. 13; Rep. Cahill, Rock. 17
COMMITTEE: Commerce
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ANALYSIS
This bill prohibits an employer from requiring a low-wage employee to enter into 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8May2019... 1839h 19-0486
04/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to noncompete agreements for low-wage employees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
201:1 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 Prohibited.
I. In this section:
(a) "Employer" shall have the same meaning as in RSA 279:1, XI.
(b) "Low-wage employee" means an employee who earns an hourly rate less than or equal to 200 percent of the federal minimum wage.
(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.
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 unenforceable.
201:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 10, 2019
Effective Date: September 08, 2019
| Date | Body | Type |
|---|---|---|
| Feb. 12, 2019 | Senate | Hearing |
| Feb. 21, 2019 | Senate | Floor Vote |
| April 3, 2019 | House | Hearing |
| April 17, 2019 | House | Exec Session |
| May 1, 2019 | House | Exec Session |
| House | Floor Vote | |
| May 8, 2019 | House | Floor Vote |
July 10, 2019: Signed by the Governor on 07/10/2019; Chapter 201; Effective 09/08/2019
June 13, 2019: Enrolled (In recess 06/13/2019); SJ 21
June 13, 2019: Enrolled 06/13/2019 HJ 19 P. 18
May 30, 2019: Sen. Cavanaugh Moved to Concur with the House Amendment, MA, VV; 05/30/2019; SJ 18
May 8, 2019: Ought to Pass with Amendment 2019-1839h: MA VV 05/08/2019 HJ 15 P. 97
May 8, 2019: FLAM # 2019-1839h (Rep. Sullivan): AA VV 05/08/2019 HJ 15 P. 97
May 8, 2019: Amendment # 2019-1598h: AF VV 05/08/2019 HJ 15 P. 97
May 8, 2019: Removed from Consent (Rep. Sullivan) 05/08/2019 HJ 15 P. 2
: Committee Report: Ought to Pass with Amendment # 2019-1598h (Vote 19-0; CC)
May 8, 2019: Committee Report: Ought to Pass with Amendment # 2019-1598h for 05/08/2019 (Vote 19-0; CC) HC 23 P. 6
May 1, 2019: ==CONTINUED== Executive Session: 05/01/2019 10:30 am LOB 307
April 17, 2019: ==RECESSED== Executive Session: 04/17/2019 02:30 pm LOB 307
April 3, 2019: ==TIME CHANGE== Public Hearing: 04/03/2019 02:00 pm LOB 307
March 20, 2019: Introduced 03/20/2019 and referred to Labor, Industrial and Rehabilitative Services HJ 11 P. 70
Feb. 21, 2019: Ought to Pass: MA, VV; OT3rdg; 02/21/2019; SJ 6
Feb. 21, 2019: Committee Report: Ought to Pass, 02/21/2019; SC 11
Feb. 12, 2019: Hearing: 02/12/2019, Room 100, SH, 01:30 pm; SC 10
Jan. 3, 2019: Introduced 01/03/2019 and Referred to Commerce; SJ 4