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MI HB4040
Bill
Status
1/30/2025
Primary Sponsor
Denise Mentzer
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AI Summary
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Prohibits businesses from entering into, enforcing, or representing that noncompete agreements apply to workers, including employees, independent contractors, interns, volunteers, and apprentices
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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
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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
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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
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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