Highlights
New Minnesota legislation bans non-compete agreements entered into after July 1, 2023, but does not apply to existing agreements
Employers will still be able to protect their confidential business information through narrowly tailored non-solicitation, trade secret, confidentiality, and nondisclosure provisions
Starting Jan. 1, 2024, employers of any size must provide Earned Sick and Safe Time and must update their policies
Beginning Jan. 1, 2026, employees are entitled to Paid Family and Medical Leave, administered and paid by the state of Minnesota
The Minnesota Legislature has had a busy start to 2023, recently passing bills to restrict the situations when non-compete agreements can be enforced and personal leave that an employer must provide for employees. Minnesota Gov. Tim Walz signed both bills into law.
Non-Compete Agreements Virtually Banned
Recently, many states around the country have instituted restrictions on the enforceability of non-compete agreements, including wage and job-type thresholds. Minnesota’s new law, however, will apply to all employees and independent contractors – regardless of income or the level in the company (i.e., applying even to C-suite executives).
The only exception to the ban is a non-compete agreement that is entered into 1) during the sale of a business where the agreement prohibits the seller from carrying on a similar business within a reasonable geographic area for a reasonable period of time; or 2) in anticipation of...
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