As we previously reported, Minnesota will soon become only the fourth state (along with California, Oklahoma and North Dakota) to ban noncompetes.
The state’s new law renders void and unenforceable all covenants not to compete entered by employees or independent contractors on or after July 1, 2023. The only exceptions are noncompetes in agreements relating to the sale or dissolution of a business.
As expected, on May 24, 2023, Governor Tim Walz signed a new law banning noncompete agreements in Minnesota. The ban will be effective for such agreements entered on or after July 1, 2023.
By enacting the Omnibus Jobs, Economic Development, Labor and Industry appropriations bill (MN SF 30035), Minnesota becomes only the fourth state (along with California, Oklahoma and North Dakota) to ban noncompetes.
It is no secret that political winds are blowing against the practice of employers requiring certain employees to sign non-competition agreements, as demonstrated most saliently earlier this year when the Federal Trade Commission (“FTC”) introduced its proposed rule that would ban non-competes nationwide, with retroactive effect. While thousands of comments have been submitted to the FTC regarding that proposed rule (and the comment period is scheduled to close this week), legislators in many states have been busy introducing legislation that would ban or limit the use of non-competes.
Blog Editors
Recent Updates
- Spilling Secrets Podcast: FTC Nixes Non-Competes Nationwide—Now What?
- Q&A on the FTC's Final Rule Banning Post-Employment Non-Competes
- Chamber of Commerce and Others Swiftly File Lawsuits Seeking to Enjoin and Vacate the FTC’s Noncompete Rule
- The FTC Finally Pulls the Trigger on a Final Noncompete Rule, with a Few Changes, but Remains Unlikely to Ever Hit Its Target
- Spilling Secrets Podcast: Navigating Physician Non-Compete Litigation