Assembly Bill A1139

2017-2018 Legislative Session

Prohibits employers from requiring low-wage employees to enter into covenants not to compete and requires employers to notify potential employees of any requirement to enter into a covenant not to compete

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A1139 (ACTIVE) - Details

See Senate Version of this Bill:
S4610
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add Art 33 §§950 - 953, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8108, S6797
2019-2020: A2504
2021-2022: A2192
2023-2024: A1807

2017-A1139 (ACTIVE) - Summary

Prohibits employers from requiring low-wage employees to enter into covenants not to compete and requires employers to notify potential employees of any requirement to enter into a covenant not to compete.

2017-A1139 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1139
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, FAHY, BLAKE, GOTTFRIED, ROSENTHAL --
   Multi-Sponsored by -- M. of A. GLICK, HOOPER,  JENNE,  SIMON  --  read
   once and referred to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to prohibiting employers from
   requiring  low-wage  employees  to enter into covenants not to compete
   and requiring employers to notify potential employees of any  require-
   ment to enter into a covenant not to compete
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "New  York
 State  mobility and opportunity for vulnerable employees act" or the "NY
 MOVE act".
   § 2. The labor law is amended by adding a new article 33  to  read  as
 follows:
                                 ARTICLE 33
   NEW YORK STATE MOBILITY AND OPPORTUNITY FOR VULNERABLE EMPLOYEES ACT
 SECTION 950. DEFINITIONS.
         951. PROHIBITING  COVENANTS  NOT TO COMPETE FOR LOW-WAGE EMPLOY-
                EES.
         952. DISCLOSURE REQUIREMENT FOR COVENANTS NOT TO COMPETE.
         953. ENFORCEMENT.
   § 950. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "COMMERCE" HAS THE MEANING GIVEN SUCH TERM IN SECTION THREE OF THE
 FAIR LABOR STANDARDS ACT OF 1938 (29 U.S.C. 203).
   2. "COVENANT NOT TO COMPETE" MEANS AN AGREEMENT:
   (A) BETWEEN AN EMPLOYEE AND EMPLOYER THAT RESTRICTS SUCH EMPLOYEE FROM
 PERFORMING:
   (I) ANY WORK FOR ANOTHER EMPLOYER FOR A SPECIFIED PERIOD OF TIME;
   (II) ANY WORK IN A SPECIFIED GEOGRAPHICAL AREA; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03762-01-7
              

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