Revision: Jan. 22, 2019, 10:20 a.m.
SB 197 - AS INTRODUCED
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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:
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:
(1) An hourly rate less than or equal to 200 percent of the federal minimum wage; or
(2) An hourly rate less than or equal to 200 percent of the tipped minimum wage pursuant to RSA 279:21.
(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 unenforceable.
2 Effective Date. This act shall take effect 60 days after its passage.