CHAPTER 289

SB 351 – FINAL VERSION

02/19/14 0566s

05/01/14 1585EBA

2014 SESSION

14-2787

06/01

SENATE BILL 351

AN ACT relative to the requirement for notice of noncompete agreements prior to the start of employment.

SPONSORS: Sen. Bragdon, Dist 11; Sen. Hosmer, Dist 7; Sen. Bradley, Dist 3; Rep. Campbell, Hills 33; Rep. Barry, Hills 21

COMMITTEE: Commerce

AMENDED ANALYSIS

This bill modifies a requirement that an employer provide a copy of a noncompete agreement to a potential employee when making an offer of employment.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/19/14 0566s

05/01/14 1585EBA

14-2787

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to the requirement for notice of noncompete agreements prior to the start of employment.

Be it Enacted by the Senate and House of Representatives in General Court convened:

289:1 Noncompete Agreements. The subdivision heading preceding RSA 275:70 is repealed and reenacted to read as follows:

Noncompete Agreements

289:2 Notice of Noncompete Agreements. RSA 275:70 is repealed and reenacted to read as follows:

275:70 Noncompete Agreements. Any employer who requires an employee who has not previously been employed by the employer to execute a noncompete agreement as a condition of employment shall provide a copy of such agreement to the potential employee prior to the employee’s acceptance of an offer of employment. A noncompete agreement that has not been disclosed to an employee as required by this section shall not be enforceable against the employee, but all other provisions of any employment, confidentiality, nondisclosure, trade secret, intellectual property assignment, or any other type of employment agreement or provision shall remain in full force and effect.

289:3 Effective Date. This act shall take effect upon its passage.

Approved: July 28, 2014

Effective Date: July 28, 2014