|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 22, 2022||recommit, enacting clause stricken|
|Jan 05, 2022||referred to labor|
|Jan 06, 2021||referred to labor|
senate Bill S734
Current Bill Status - Stricken
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S734 (ACTIVE) - Details
- Current Committee:
- Law Section:
- Labor Law
- Laws Affected:
- Add §191-d, Lab L
- Versions Introduced in 2019-2020 Legislative Session:
S734 (ACTIVE) - Summary
Prohibits non-compete agreements; provides that a non-compete agreement is only enforceable if such agreement: is no greater than required for the protection of the legitimate interest of the employer; does not impose an undue hardship on the employee; is not injurious to the public… (view more) and is reasonable in time period and geographic scope; makes related provisions.
S734 (ACTIVE) - Sponsor Memo
BILL NUMBER: S734 SPONSOR: BIAGGI TITLE OF BILL: An act to amend the labor law, in relation to prohibiting non-compete agreements PURPOSE OR GENERAL IDEA OF BILL: To limit the use of non-compete clauses and protect workers who lose their jobs due to an emergency situation. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the labor law by adding a new section 191-d to define non-compete agreements and specify the conditions in which they are enforceable. Section 2 sets forth the effective date.
S734 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 734 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sen. BIAGGI -- 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 non-compete agreements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding a new section 191-d to read as follows: § 191-D. NON-COMPETE AGREEMENTS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM: A. "NON-COMPETE AGREEMENT" MEANS AN AGREEMENT, OR CLAUSE CONTAINED IN AN EMPLOYMENT CONTRACT, BETWEEN AN EMPLOYER AND AN EMPLOYEE THAT PROHIB- ITS OR RESTRICTS SUCH EMPLOYEE FROM OBTAINING EMPLOYMENT, AFTER THE CONCLUSION OF EMPLOYMENT WITH THE EMPLOYER INCLUDED AS A PARTY TO THE AGREEMENT: (I) FOR A SPECIFIED PERIOD OF TIME; (II) IN ANY SPECIFIED GEOGRAPHICAL AREA; AND/OR (III) WITH ANY PARTICULAR OTHER EMPLOYER OR IN ANY PARTICULAR INDUS- TRY. B. "UNDUE HARDSHIP" INCLUDES BUT, IS NOT LIMITED TO, SITUATIONS WHERE AN EMPLOYEE LOSES OR LEAVES A JOB DUE TO CIRCUMSTANCES SURROUNDING A DECLARED STATE OF EMERGENCY OR DISASTER EMERGENCY AS DESCRIBED IN SECTION TWENTY-FOUR OR TWENTY-EIGHT OF THE EXECUTIVE LAW. 2. A NON-COMPETE AGREEMENT IS ONLY ENFORCEABLE IF SUCH AGREEMENT: (A) IS NO GREATER THAN REQUIRED FOR THE PROTECTION OF THE LEGITIMATE INTEREST OF THE EMPLOYER; (B) DOES NOT IMPOSE AN UNDUE HARDSHIP ON THE EMPLOYEE; (C) IS NOT INJURIOUS TO THE PUBLIC; AND (D) IS REASONABLE IN TIME PERIOD AND GEOGRAPHIC SCOPE. IF ANY OF THE PROVISIONS OF PARAGRAPH (A), (B), (C) OR (D) OF THIS SUBDIVISION IS VIOLATED, THE NON-COMPETE AGREEMENT IS DEEMED INVALID. § 2. This act shall take effect immediately.
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