November 1, 2011, Introduced by Senators ROCCA, BIEDA and WARREN and referred to the Committee on Economic Development.
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 protects an employer's reasonable
competitive business interests and expressly prohibits an employee
from engaging in employment or a line of business after termination
of 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 This
subsection applies to
covenants
and agreements which are entered into after March 29,
1985.
(2) An employer shall not require and a court shall not
enforce an agreement or covenant under this section as a condition
of employment if the employer did not inform the employee of the
requirement at or before the time of the initial offer of
employment. This subsection applies to an agreement or covenant
entered into after the effective date of the amendatory act that
added this subsection.