Can I be Held to a Non Compete if I Am Not a Salaried Employee?
If you live or work in Massachusetts, and you signed your non compete agreement on or after October 1, 2018, it cannot be enforced against you if you are non-exempt from overtime.
The rules about exemption from overtime can be complex. However, if you are not paid on a salary basis- in other words if you are paid hourly, or by piece or project- you are
likely not exempt from overtime and should not be held to the non compete if you signed it after the law took effect.
It is also common for salaried employees to be improperly classified as exempt, even if their primary duties are not exempt under state and federal overtime law. Exempt duties are broadly defined as bona fide professional, executive and administrative duties. There are also some jobs that are specifically exempted under the FLSA and its regulations.
If you are unsure of your exempt status, and concerned about enforcement of a non compete, you should consult with an employment attorney who can help you understand what your appropriate classification should be under the law.
Learn more here about overtime exemptions in Massachusetts.
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