Bill Text: NH SB197 | 2019 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relative to noncompete agreements for low-wage employees.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Engrossed) 2019-05-30 - Sen. Cavanaugh Moved to Concur with the House Amendment, Motion Adopted, Voice Vote; 05/30/2019; Senate Journal 18 [SB197 Detail]

Download: New_Hampshire-2019-SB197-Introduced.html

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.

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