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

Current 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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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

Votes

view votes

May 1, 2017 - Labor committee Vote

S4610
11
0
committee
11
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Labor committee vote details

Labor Committee Vote: May 1, 2017

aye wr (3)
excused (1)

S4610 - 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 2015-2016 Legislative Session:
S6797, A8108

S4610 - 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.

S4610 - Sponsor Memo

S4610 - 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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