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NY S04641

NY S04641
Prohibits non-compete agreements and certain restrictive covenants; authorizes covered individuals to bring a civil action in a court of competent jurisdiction against any employer or persons alleged to have violated such prohibition.


summary

Introduced
02/10/2025
In Committee
06/09/2025
Crossed Over
06/09/2025
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the labor law, in relation to prohibiting non-compete agreements and certain restrictive covenants

AI Summary

This bill prohibits non-compete agreements for most workers in New York, creating comprehensive protections for employees across various industries. The legislation defines a "non-compete agreement" as any contract that restricts an employee from obtaining employment after leaving a job, and applies to most workers except highly compensated individuals (those earning over $500,000 annually). Employers are prohibited from seeking, requiring, demanding, or accepting non-compete agreements, and any such agreements will be considered null and void. Covered individuals can bring civil actions against employers who violate this prohibition within two years of certain triggering events, with potential remedies including liquidated damages of up to $10,000, lost compensation, attorneys' fees, and other relief. The bill maintains exceptions for protecting trade secrets, confidential information, and client solicitation, and allows non-compete agreements in specific business sale scenarios. The law also preserves other existing worker protections and requires employers to post notices informing employees of their rights. Notably, the bill includes provisions preventing employers from using alternative legal strategies to circumvent its protections, such as choosing different venue or law provisions. The legislation will take effect 30 days after becoming law and will apply to contracts entered into or modified after that date.

Committee Categories

Justice, Labor and Employment

Sponsors (1)

Last Action

referred to labor (on 06/09/2025)

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