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MI HB4040

Bill

Status

Introduced

1/30/2025

Primary Sponsor

Denise Mentzer

Click for details

Origin

House of Representatives

103rd Legislature

AI Summary

  • Prohibits businesses from entering into, enforcing, or representing that noncompete agreements apply to workers, including employees, independent contractors, interns, volunteers, and apprentices

  • Creates an exception allowing noncompete agreements only when a business owner is selling the business or their ownership interest, and when the agreement protects reasonable competitive interests with reasonable duration and geographic scope

  • Declares any noncompete agreement violating these provisions void and unenforceable, including terms that waive requirements, require out-of-state adjudication, or force workers to pay arbitration costs

  • Allows aggrieved workers to sue for damages, with courts required to award attorney fees and all income lost due to actual or threatened enforcement of illegal noncompete agreements

  • Preserves enforceability of confidentiality/trade secret agreements and non-solicitation agreements for workers earning more than 200% of the federal poverty line (for a family of 3) that expire within 1 year of leaving employment

Legislative Description

Labor: fair employment practices; certain noncompete agreements; prohibit employers from requiring employees to enter into unless certain conditions are met. Amends sec. 4a of 1984 PA 274 (MCL 445.774a).

Labor: fair employment practices

Last Action

Bill Electronically Reproduced 01/30/2025

2/4/2025

Committee Referrals

Economic Competitiveness1/30/2025

Full Bill Text

No bill text available