Connecticut 2013 Regular Session

Connecticut House Bill HB06658 Compare Versions

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1-Substitute House Bill No. 6658
1+General Assembly Substitute Bill No. 6658
2+January Session, 2013 *_____HB06658LAB___051413____*
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3-Public Act No. 13-309
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6+Substitute Bill No. 6658
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8+January Session, 2013
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10+*_____HB06658LAB___051413____*
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512 AN ACT CONCERNING EMPLOYER USE OF NONCOMPETE AGREEMENTS.
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714 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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916 Section 1. (NEW) (Effective October 1, 2013) (a) As used in this section:
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1118 (1) "Employee" means any person engaged in service to an employer in the business of the employer; and
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1320 (2) "Employer" means a person engaged in business who has employees, including the state and any political subdivision thereof.
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15-(b) If (1) an employer is acquired by, or merged with, another employer, and (2) as a result of such merger or acquisition an employee of the employer is presented with a noncompete agreement as a condition of continued employment with the employer; any such noncompete agreement entered into, renewed or extended on or after October 1, 2013, between the employer and employee shall be void, unless prior to entering into the agreement, the employer provides the employee with a written copy of the agreement and a reasonable period of time, of not less than seven calendar days, to consider the merits of entering into the agreement.
22+(b) Except as provided in section 31-50a or 31-50b of the general statutes, an employer may obtain from an employee an agreement or covenant which protects an employer's reasonable competitive business interests and expressly prohibits an employee from engaging in employment or a line of business after termination of employment if (1) the agreement or covenant is reasonable as to its duration, geographical area, and the type of employment or line of business, and (2) prior to entering into the agreement or covenant, the employer provides the employee a reasonable period of time, of not less than ten business days, to seek legal advice relating to the terms of the agreement or covenant.
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17-(c) Nothing in this section shall be construed to limit or deny any rights an employee may have at law or in equity. An employee may waive the right provided under subsection (b) of this section if such waiver is reduced to a separate writing, sets forth the right being waived and is signed by the employee prior to entering into the agreement.
24+(c) Any person who is aggrieved by a violation of this section may bring a civil action in the Superior Court to recover damages, together with court costs and reasonable attorney's fees. To the extent any such agreement or covenant is found to be unreasonable in any respect, a court may limit the agreement or covenant to render it reasonable in light of the circumstances in which it was entered into and specifically enforce the agreement or covenant as limited.
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26+(d) The provisions of this section shall apply to agreements or covenants entered into, renewed or extended on or after October 1, 2013.
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31+This act shall take effect as follows and shall amend the following sections:
32+Section 1 October 1, 2013 New section
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34+This act shall take effect as follows and shall amend the following sections:
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36+Section 1
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38+October 1, 2013
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40+New section
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44+JUD Joint Favorable Subst. -LCO
45+LAB Joint Favorable
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49+Joint Favorable Subst. -LCO
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53+Joint Favorable