Revision: March 3, 2022, 10:26 a.m.
Rep. Kofalt, Hills. 4
January 28, 2022
2022-0376h
04/08
Amendment to HB 1089
Amend the title of the bill by replacing it with the following:
AN ACT relative to the unenforceability of noncompete agreements upon termination of an employee for noncompliance with a medical intervention mandate.
Amend RSA 275:70, II as inserted by section 1 of the bill by replacing it with the following:
II. If an employer makes any material change to the terms of employment for any employee, any existing noncompete agreement shall be unenforceable against such employee. Termination of employment resulting from the material change in terms of employment or the failure to agree to a new employment contract or noncompete contract shall be considered a termination at the will of the employer. New requirements for medical testing, vaccination, or other medical intervention, established by the employer as a condition of employment, shall be considered a material change in the terms of employment. Any other employment agreement, including confidentiality, nondisclosure, trade secret, intellectual property assignment, or other agreement between the employer and such employee shall remain in full force and effect.
Amend the bill by replacing section 2 with the following:
2 Effective Date. This act shall take effect upon its passage.
2022-0376h
AMENDED ANALYSIS
This bill provides that a noncompete agreement between an employer and an employee who is terminated for refusing to comply with an employer-mandated medical intervention shall be unenforceable against such employee.