Massachusetts Non-Compete Agreement Template
Reviewed by the Agiled editorial teamUpdated June 2026
Non-compete law is the most state-divergent area in employment contracting — four states ban these agreements outright, a dozen more impose salary floors or notice rules, and the rest apply judge-made reasonableness tests that differ in temperament. This page covers what Massachusetts requires; the download is our standard non-compete template, to be scoped to Massachusetts's rules below.
Massachusetts non-compete rules at a glance
| Enforceability | Enforceable only within the 2018 MNAA's framework (M.G.L. c.149 §24L). |
|---|---|
| Protected workers / thresholds | Void for non-exempt employees, students, under-18s, and anyone laid off or terminated without cause |
| Required formalities | 10 business days' notice; right-to-counsel statement; garden leave (50% pay) or 'other mutually agreed consideration'; 12-month cap |
| Overbroad agreements | Agreements outside the framework are void; courts may reform within it |
State laws change frequently and this summary is not legal advice. Verify current rules against the state statute or with a licensed attorney before relying on them.
How Massachusetts handles non-compete agreements
Massachusetts made non-competes expensive by design: the garden-leave option means paying half salary for the restricted year, and laid-off workers can't be held to them at all. The practical drafting rule for Massachusetts: enforceable only within the 2018 MNAA's framework (M.G.L. c.149 §24L).. Before using this template, confirm the current statute — non-compete law has changed in more than a dozen states since 2020, and the FTC's federal ban attempt keeps the area moving.
Massachusetts non-compete agreement FAQs
Are non-compete agreements enforceable in Massachusetts?
Enforceable only within the 2018 MNAA's framework (M.G.L. c.149 §24L). Coverage limits matter here: void for non-exempt employees, students, under-18s, and anyone laid off or terminated without cause.
What happens to an overbroad non-compete in Massachusetts?
Agreements outside the framework are void; courts may reform within it Draft to the narrowest restriction that protects the actual business interest — the safety net (or lack of one) above is what you're betting on.
What formalities does a Massachusetts non-compete require?
10 business days' notice; right-to-counsel statement; garden leave (50% pay) or 'other mutually agreed consideration'; 12-month cap Procedural failures are now the most common way non-competes die — more common than substantive overbreadth in states with notice rules.
Does the FTC non-compete ban apply in Massachusetts?
The FTC's 2024 rule banning most non-competes was set aside by a federal court before taking effect and remains in litigation, so it is not currently in force in Massachusetts or any state. State law controls — which is why the state-specific rules above are the ones to draft around.
The full non-compete agreement guide
Clause-by-clause guidance, common mistakes, and the complete template text live on the main page: Non-Compete Agreement Template — full guide and download.