The law expressly prohibits the application of non-competition clauses against the following categories of workers: calculating the amount of the “garden holiday” clause: to comply with the garden leave clause, there must be provisions on the rate of pay for the period covered by the non-competition agreement. The law imposes a rate of at least half the salary, as measured by the highest salary paid to the employee in the two years before the worker`s dismissal. However, employers and workers may accept another amount that replaces the legal design clause. To be valid, the amount must be agreed upon and explicitly stated in the non-competition agreement. If a worker violates a non-compete clause and the employer has fulfilled its burden of proof with respect to the elements, an employer may obtain damages or perhaps an injunction. Financial damages may include loss of earnings, pocket expenses or other financial damages resulting from this type of offence. In particular, the law applies only to non-competition prohibitions and does not apply to non-requests or agreements of customers or employees related to the sale of a business. Therefore, Massachusetts employers who believe that a restrictive pact is necessary to protect a legitimate business interest should consider using “staggered” agreements. In other words, a staff member who is the subject of an action may, in some way, object to the agreement. Non-competition prohibitions are interpreted in favour of the worker because the courts do not want to deprive a worker of his or her livelihood and the worker has a weaker bargaining position. Together, many provisions of the Act reflect good practices in enforceable non-compete clauses, but some of these requirements, including the need to take into account non-competition clauses, will require employers to assess their overall non-competition strategy, update their non-compete agreements and adapt their personnel procedures to ensure compliance with the law.