Non-compete agreements as we have known them in New York may soon be a thing of the past unless Governor Kathy Hochul rejects or seeks revisions to legislation passed by the state legislature earlier this summer.
Following the passage by the State Senate of S3100A, and by the State Assembly of A1278B, if signed into law, the proposed legislation would ban employers from entering into new agreements (or modifying existing ones) prohibiting or restricting “covered individuals” from obtaining employment “after the conclusion of employment.” Any attempt by an employer to enforce such a restriction would provide covered individuals with a private right of action against the employer (and likely others).
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