News & Analysis as of

Employer Liability Issues New York Restrictive Covenants

FordHarrison

Noncompete News: Will New York City's Noncompete Ban Beat the FTC Final Rule to the Punch?

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As we recently reported, the Federal Trade Commission (FTC) issued its long-awaited final rule on April 23, 2024, banning virtually all noncompetition agreements between employers and workers. Lawsuits challenging the final...more

Mintz - Employment Viewpoints

New Legislative Session, New Attempts at Banning Non-Competes in New York (City)

Following the recent failed attempt at broadly banning non-compete agreements in New York statewide (discussed here), three new bills were just introduced to do the same, this time in New York City.   The most comprehensive,...more

Epstein Becker & Green

Could the City Council of New York City Ban Noncompetes?

Last summer, the New York State legislature made waves when it passed a bill that effectively would have banned noncompete agreements. New York’s Governor vetoed that bill in late December 2023. This year, however, it is...more

Vedder Price

New York Governor Vetoes Bill Banning Non-Compete Agreements

Vedder Price on

Although non-competition agreements are under ongoing attack at the federal and state levels (including being banned in California, Minnesota, North Dakota, and Oklahoma, among others), New York State is not yet ready to join...more

Brownstein Hyatt Farber Schreck

New Year, New Life for New York Noncompete Negotiations

On Dec. 22, 2023, Gov. Kathy Hochul (D-NY) vetoed a bill to outlaw all noncompete clauses in the state of New York. The law also would have vacated all current agreements that prevent workers from leaving their employers for...more

Polsinelli

New York Governor Vetoes Non-Compete Ban – For Now

Polsinelli on

On December 22, 2023, New York Governor Kathy Hochul declined to sign legislation (S3100) that would have outlawed noncompete clauses in virtually all employment contracts. If it had gone into effect, New York would have been...more

Kelley Drye & Warren LLP

Governor Hochul Vetoes Ban on Noncompetition Agreements for New York Employees

The long-awaited death of noncompetes in New York is—forgive the pun—dead in the water, at least for now. On December 22, 2023, Governor Hochul vetoed pending legislation that would have effectively banned noncompetition...more

Troutman Pepper

New York Governor Vetoes Proposed Ban on Noncompete Agreements

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Q. Did New York institute a ban against noncompete agreements? ...more

Seyfarth Shaw LLP

New York Non-Compete Ban is Off the Table—For Now

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Seyfarth Synopsis: Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Lawmakers Deliver Noncompete Bill to Governor Without High-Income Exception - Could Amendments Be in the Works?

On December 12, 2023, New York lawmakers formally delivered a bill to Governor Kathy Hochul’s desk for signature that would ban nearly all types of noncompete agreements in employment. The legislature and governor’s office...more

Stevens & Lee

New York to Decide on Signing Non-Competition Ban into Law

Stevens & Lee on

New York businessowners and employees alike await a decision from Governor Kathy Hochul as to proposed legislation, which has passed in both the New York State Senate and General Assembly, that would ban most non-competition...more

Sheppard Mullin Richter & Hampton LLP

New York Amends Its Release Agreement Law for the Third Time

On November 17, 2023, New York Governor Kathy Hochul signed a new law that further limits the terms employers may include in release agreements relating to claims of harassment, discrimination, and retaliation. The law took...more

Sheppard Mullin Richter & Hampton LLP

Necessity Is the Mother of Invention – But New York Law Says Employers Better Not Take the Credit

On September 15, 2023, New York Governor Kathy Hochul signed a law that made dramatic changes to the enforceability of invention assignment provisions in employment agreements and likely in related agreements including offer...more

Husch Blackwell LLP

New York May Become the Fifth State to Ban Non-Competes

Husch Blackwell LLP on

A significant development is underway in New York as the state is on the verge of outlawing non-competition agreements for employees. Governor Kathy Hochul is currently reviewing a bill that has been fast-tracked through the...more

Brownstein Hyatt Farber Schreck

New York State’s Pending Non-Compete Ban: Potential Impact on Corporate Transactions

A bill that would ban nearly all forms of non-competition restrictions in New York passed both houses in the state legislature and is now with Gov. Kathy Hochul to sign into law. If signed, this would have profound...more

Troutman Pepper

Wide-Ranging New York Noncompete Law Awaits Governor's Signature

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Summary - On June 20, the New York State Legislature passed a bill prohibiting noncompetes. The bill currently awaits Governor Hochul’s signature. If signed into law, it will take effect just 30 days later, but will only...more

Seyfarth Shaw LLP

New York Inching Toward Ban of Employee Non-Compete Agreements

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Seyfarth Synopsis: The New York State Assembly has joined the State Senate in passing legislation to prohibit non-compete clauses in employment contracts. The bill now heads to the Governor and, if signed into law, would void...more

Perkins Coie

June Tip of the Month: New York State Legislature Passes Bill Banning Noncompete Agreements

Perkins Coie on

On June 20, 2023, the New York State Legislature passed a bill which, if signed by Governor Kathy Hochul, will impose a blanket ban on—and render unlawful—all future noncompete agreements in New York. As explained more fully...more

Nelson Mullins Riley & Scarborough LLP

Proposed Broad Non-Compete Ban Looms for New York Employment Sector

On June 20, 2023, the New York Senate sent bill S.3100A/A.1278B to the desk of Governor Kathy Hochul to prohibit non-competition agreements broadly throughout New York State.  This bill, if signed into law, will take effect...more

Foley Hoag LLP

New York May Soon Ban Use of Non-Compete Agreements

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On June 20, 2023, the New York State Assembly passed bill A01278 (the “Bill”), which, if it goes into effect, will ban the use of new employee non-compete agreements in New York. The New York State Senate already passed the...more

Fisher Phillips

Contracts, Discrimination, and Pay, Oh My! A Slew of Employment Protection Bills Head to New York Governor’s Desk

Fisher Phillips on

New York state lawmakers passed a flurry of employment-related bills in the final weeks of the legislative session. The bills – which now head to Governor Hochul’s desk for consideration – aim to provide workers in the state...more

FordHarrison

New York Lawmakers Propose Banning Noncompete Agreements

FordHarrison on

Executive Summary: This month both the New York State (NYS) Senate and the NYS Assembly passed identical bills that effectively ban all noncompete agreements in the state of New York. If signed by Governor Kathy Hochul, the...more

Robinson & Cole LLP

New York Inches Closer to Banning Non-Compete Agreements

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The New York State Legislature passed a bill on June 20, 2023, that seeks to prohibit employers from entering into non-compete agreements with their employees (the “Bill”). If signed by Governor Hochul, the Bill will be a sea...more

A&O Shearman

New York State Poised to Ban Non-Competes

A&O Shearman on

On June 20, 2023, the New York State Assembly passed A1278B, which amends the state’s labor law to prohibit non-compete agreements (the “Bill”). The Assembly’s passage of the Bill, which comes on the heels of the New York...more

Sheppard Mullin Richter & Hampton LLP

The End of Non-Competes in New York? State Legislature Passes Non-Compete Ban Moving One Step Closer to the Edge

A sweeping bill that would effectively ban all newly entered non-compete agreements (and potentially impact provisions and agreements that act as a de facto non-compete) for all employees, regardless of wage or income level,...more

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