Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 03, 2018 | referred to labor |
Jun 21, 2017 | committed to rules |
May 03, 2017 | advanced to third reading |
May 02, 2017 | 2nd report cal. |
May 01, 2017 | 1st report cal.670 |
Feb 21, 2017 | referred to labor |
senate Bill S4610
2017-2018 Legislative Session
Sponsored By
Diane J. Savino
(D, IP) 23rd Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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S4610 (ACTIVE) - Details
S4610 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4610 TITLE OF BILL : 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 requirement to enter into a covenant not to compete PURPOSE OR GENERAL IDEA OF BILL : This bill would prohibit employers from requiring low-wage workers from entering into non-compete contracts as a condition of employment and would require non low-wage workers to be informed of such a potential agreement at the beginning of a hiring process. SUMMARY OF SPECIFIC PROVISIONS : Section 1 creates the short title. "The New York State Mobility and Opportunity for Vulnerable Employees Act" (MOVE) Section 2 amends the labor law by adding a new article 33 that provides definitions for the article, prohibits the use of any "covenant not to compete" for low-wage workers, provides the Commissioner of the Department of Labor to adjust the threshold for "low-wage" and powers to enforce the provisions of the article.
S4610 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4610 2017-2018 Regular Sessions I N S E N A T E February 21, 2017 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed 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 (III) WORK FOR ANOTHER EMPLOYER THAT IS SIMILAR TO SUCH EMPLOYEE'S WORK FOR THE EMPLOYER INCLUDED AS A PARTY TO THE AGREEMENT; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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