Additional circumstances under which a covenant not to compete is valid and enforceable provided.
Impact
If enacted, HF1768 would modify Minnesota's employment law framework by allowing certain covenants to survive legal scrutiny, thereby impacting both employees and employers. Proponents of the bill, including various business groups, argue that it encourages investment in specialized roles by providing employers with the necessary protections to safeguard their trade secrets and proprietary processes. This can potentially lead to enhanced job security for employees in these high-stakes positions as it promotes technological advancement and innovation.
Summary
House File 1768 seeks to revise the circumstances under which a covenant not to compete in employment agreements can be considered valid and enforceable. Under current Minnesota statutes, such covenants are generally void and unenforceable, but HF1768 provides specific exceptions. The bill stipulates that covenants not to compete can be enforceable when they apply to high-earning employees—specifically those making an annual salary of $120,000 or more—who are involved in research and development or management of proprietary information. It also accommodates agreements made in the context of business sales and anticipatory business dissolutions.
Contention
However, the bill has generated significant debate. Critics express concerns that expanding the enforceability of non-compete agreements could undermine employee mobility and limit opportunities for job transitions, affecting the overall job market. They argue that such restrictions can prevent skilled professionals from seeking employment within their field, ultimately stagnating career growth and innovation. This tension between protecting business interests and ensuring fair employment practices is at the heart of the discussion surrounding HF1768.
Covenants not to compete provided to be void and unenforceable, and protection of substantive provisions of Minnesota law provided to apply to matters arising in Minnesota.
Covenants not to compete provided to be void and unenforceable; protection of substantive provisions of Minnesota law provided to apply to matters arising in Minnesota; and coding for new law proposed in Minnesota Statutes, chapter 181.
Housing; discrimination based on participation in public assistance prohibited, pet declawing and devocalization prohibited, fees prohibited, inspections required, notice provided, penalties provided, right to counsel provided, lease covenants and repairs in residential tenancy provided, renewal and termination of lease provided, residential evictions provided, and expungements provided.
Health maintenance organization transaction oversight provided, and nonprofit health coverage entity conversion transaction requirements established, transaction conversion prohibited, enforcement authorized, and data classified.
Termination of lease upon loss of tenant income authorized, landlord obligations and liabilities modified, covenants modified, and recovery of costs authorized.