Bill Text: MI HB6017 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Labor; fair employment practices; disclosure of noncompete clause as a condition of employment; require at time job is offered to applicant. Amends sec. 4a of 1984 PA 274 (MCL 445.774a).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-11-10 - Bill Electronically Reproduced 11/09/2016 [HB6017 Detail]
Download: Michigan-2015-HB6017-Introduced.html
HOUSE BILL No. 6017
November 9, 2016, Introduced by Rep. Irwin and referred to the Committee on Commerce and Trade.
A bill to amend 1984 PA 274, entitled
"Michigan antitrust reform act,"
by amending section 4a (MCL 445.774a), as added by 1987 PA 243.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4a. (1) An employer may obtain from an employee an
agreement
or covenant which that protects an the employer's
reasonable competitive business interests and expressly prohibits
an
the employee from engaging in employment or a line of
business
after
termination of the
employee voluntarily leaves employment
if
the agreement or covenant is reasonable as to its duration,
geographical area, and the type of employment or line of business.
To the extent any such agreement or covenant is found to be
unreasonable in any respect, a court may limit the agreement to
render it reasonable in light of the circumstances in which it was
made and specifically enforce the agreement as limited.
(2)
This section shall apply to covenants and agreements which
are
entered into after March 29, 1985.
(2) An employer shall not require as a condition of
employment, and a court shall not enforce, an agreement or covenant
under this section that is entered into after the effective date of
the 2016 act that amended this subsection unless the employer has
done both of the following:
(a) Informed the prospective employee in writing of the
requirement at or before the time of the initial offer of
employment.
(b) In any posting or advertisement for the employment, given
notice that acceptance of the agreement or covenant is a condition
of employment.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
