Posted: | January 10, 2013 02:32 PM |
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From: | Representative Eli Evankovich |
To: | All House members |
Subject: | Cosmetology Non-Compete Clause - Former HB 2730 |
In the near future I plan to re-introduce former HB 2730, legislation prohibiting cosmetology industry employers from requiring current or prospective employees to sign any employment contract containing a “non-compete” clause. With increasing regularity, cosmetologists are unknowingly signing, or worse-- being coerced to sign, contracts which prevent them from leaving to work for a competitor or which preclude them from obtaining employment in a specified geographic area at the cessation of their original employment relationship. It is my strong opinion that such clauses are contrary to the free-market principles upon which our economy relies, and are unnecessarily restrictive for cosmetologists who seek better wages or more favorable working conditions. Moreover, cosmetology employees do not possess confidential information or proprietary trade secrets that require this degree of overzealous protection. In short, there is no justifiable basis for the insertion of non-compete clauses in employment contracts within the cosmetology industry. While I respect and understand an employer's desire to protect their own client base, these types of contracts prohibit a cosmetologist from practicing their trade in any fashion, which in turn prohibits them from earning a living. Please note that this legislation will not prohibit an employer from offering a contract that would prohibit a cosmetologist from servicing certain clientele for a period of time, but it would prohibit contracts which prevent a cosmetologist from practicing his/her trade. Former co-sponsors include: FREEMAN , HORNAMAN , SAMUELSON and SWANGER |
Introduced as HB787