Senate Bill S4610

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 Senate Committee Labor 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-S4610 (ACTIVE) - Details

See Assembly Version of this Bill:
A1139
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add Art 33 §§950 - 953, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6797, A8108
2019-2020: A2504
2021-2022: A2192
2023-2024: A1807

2017-S4610 (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-S4610 (ACTIVE) - Sponsor Memo

2017-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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