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

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Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to labor
Jan 10, 2017 referred to labor

Co-Sponsors

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Multi-Sponsors

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A1139 - 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 2015-2016 Legislative Session:
A8108, S6797

A1139 - 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.

A1139 - 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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