Bill Text: NH SB423 | 2018 | Regular Session | Introduced
Bill Title: Relative to noncompete clauses for low-wage employees.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Introduced - Dead) 2018-03-15 - Inexpedient to Legislate, Regular Calendar 14Y-10N, Motion Adopted === BILL KILLED ===; 03/15/2018; Senate Journal 8 [SB423 Detail]
Download: New_Hampshire-2018-SB423-Introduced.html
SB 423 - AS INTRODUCED
2018 SESSION
18-2843
04/01
SENATE BILL 423
AN ACT relative to noncompete clauses for low-wage employees.
SPONSORS: Sen. Watters, Dist 4; Sen. Gannon, Dist 23; Sen. Cavanaugh, Dist 16; Sen. D'Allesandro, Dist 20; Sen. Feltes, Dist 15; Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5; Sen. Kahn, Dist 10; Sen. Lasky, Dist 13; Sen. Soucy, Dist 18; Sen. Woodburn, Dist 1; Rep. Conley, Straf. 13; Rep. Cahill, Rock. 17
COMMITTEE: Commerce
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ANALYSIS
This bill prohibits an employer from requiring an employee to enter 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2843
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to noncompete clauses 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.
I. In this section:
(a) "Employer" shall have the same meaning as in RSA 279:1, X. "Employer" shall not include employees of governmental or quasi-governmental bodies.
(b) "Low-wage employee" means an employee who earns the greater of:
(1) The hourly rate equal to the minimum wage required by the applicable federal minimum wage law; or
(2) $15.00 per hour.
(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 enforceable.
2 Effective Date. This act shall take effect 60 days after its passage.