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TN HB1034

TN HB1034
AN ACT to amend Tennessee Code Annotated, Title 50; Title 63 and Title 68, relative to covenants not to compete.


summary

Introduced
02/05/2025
In Committee
03/24/2026
Crossed Over
04/16/2026
Passed
05/07/2026
Dead
Signed/Enacted/Adopted
05/15/2026

Introduced Session

114th General Assembly

Bill Summary

As enacted, requires a court to apply rebuttable presumptions when determining the reasonableness in time of a restrictive covenant sought to be enforced after the termination of an employment or business relationship; makes related changes. - Amends TCA Title 50; Title 63 and Title 68.

AI Summary

This bill, effective July 1, 2026, modifies Tennessee law regarding restrictive covenants, commonly known as noncompete agreements, by establishing specific rules for their enforceability and duration. It introduces a "rebuttable presumption" system where courts will generally consider noncompete agreements to be reasonable in duration if they are two years or less for former employees or independent contractors, three years or less for distributors, dealers, franchisees, lessees, or licensees, and five years or less for owners or sellers of a business or its assets. However, these time limits do not apply if the agreement is associated with the sale of a significant portion of a business. The bill also explicitly states that employers can still enforce agreements related to confidentiality, client nonsolicitation, and employee nonsolicitation. Crucially, this bill prohibits employers from requiring, enforcing, or even requesting a noncompete agreement from any employee whose total annual compensation, including wages, salary, commissions, and bonuses, is less than $70,000, with a specific calculation method provided for hourly workers; any noncompete agreement violating this provision will be considered void and unenforceable as a matter of public policy.

Committee Categories

Business and Industry, Health and Social Services

Sponsors (3)

Last Action

Effective date(s) 07/01/2026 (on 05/15/2026)

Bill Topics

Health
  • ‐ Regulation of Health-Related Occupations and Services
Labor and Employment
  • ‐ Employee Relations, Unions, and Collective Bargaining
  • ‐ General Labor and Employment

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