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Current as of January 01, 2025 | Updated by Findlaw Staff
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given them.
(b) “Employee” means an individual employed by an employer and includes independent contractors.
(c) “Employer” has the meaning given insection 177.23, subdivision 6.
(d) “Franchise,” “franchisee,” and “franchisor” have the meanings given insection 80C.01, subdivisions 4to6.
Subd. 2. Prohibition on restrictive franchise agreements. (a) No franchisor may restrict, restrain, or prohibit in any way a franchisee from soliciting or hiring an employee of a franchisee of the same franchisor.
(b) No franchisor may restrict, restrain, or prohibit in any way a franchisee from soliciting or hiring an employee of the franchisor.
(c) Any provision of an existing contract that violates paragraph (a) or (b) is void and unenforceable. When a provision in an existing contract violates this section, the franchisee must provide notice to their employees of this law.
Subd. 3. Franchise agreement amendment. Notwithstanding any law to the contrary, no later than May 24, 2024, franchisors shall:
(1) amend existing franchise agreements to remove any restrictive employment provision that violates subdivision 2; or
(2) sign a memorandum of understanding with each franchisee that provides that any contract provisions that violate subdivision 2 in any way are void and unenforceable, and provides notice to the franchisee of their rights and obligations under this section.
Cite this article: FindLaw.com - Minnesota Statutes Labor, Industry (Ch. 175-189) § 181.991. Restrictive franchise agreements prohibited - last updated January 01, 2025 | https://codes.findlaw.com/mn/labor-industry-ch-175-189/mn-st-sect-181-991/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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