NY State Senate Bill 2021-S6425

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2022	print number 6425b
May 25, 2022	amend and recommit to labor
Apr 14, 2022	print number 6425a
Apr 14, 2022	amend and recommit to labor
Jan 05, 2022	referred to labor
Apr 28, 2021	referred to labor

Bill Amendments

Original

B (Active)

2021-S6425 - Details

See Assembly Version of this Bill:: A9591
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §191-d, Lab L
Versions Introduced in 2023-2024 Legislative Session:: S3100, A1278

2021-S6425 - Summary

Prohibits non-compete agreements and certain restrictive covenants; authorizes employees to bring a civil action in a court of competent jurisdiction against any employer or persons alleged to have violated such prohibition.

2021-S6425 - Sponsor Memo

                                
 
BILL NUMBER: S6425

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the labor law, in relation to prohibiting non-compete
agreements and certain restrictive covenants

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill would update New York labor law regarding the permissible use
of non-compete agreements in employment contracts.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 191-d to the labor law.

Subsection 1: Defines "non-compete agreement" and "covered-employee."

Subsection 2: Provides that no employer or its agent, or the officer or
agent of any corporation, partnership, or limited liability company,

shall seek, require, demand or accept a non-compete agreement from a
covered employee.

Subsection 3: Voids current non-compete agreements and prohibits employ-
ers from seeking such agreement.

Subsection 4: Provides that an employee, including a covered employee,
may bring a civil action in a court of competent jurisdiction against
any employer or persons alleged to have violated this section.

The employee shall bring such action within two years of the later of:
(i) when the prohibited non-compete agreement was signed; (ii) when the
employee learns of the prohibited non-compete agreement; (iii) when the
employment relationship is terminated; or (iv) when the employer takes
any steps to enforce the non-compete agreement.

The court shall have jurisdiction to void a non-compete agreement and to
order all appropriate relief.

Liquidated damages shall be calculated as an amount not more than ten
thousand dollars. The court shall award liquidated damages to every
affected employee in addition to other permitted remedies.

Section 2 contains a severability clause.

Section 3 sets the effective date (180 days after it shall have become a
law).

 
JUSTIFICATION:

The purpose of this bill is to promote economic growth by prohibiting
non-compete agreements and restrictive covenants that unreasonably and
unfairly bar or inhibit post-employment competition, and to protect
workers from inappropriate and unnecessary restrictions on future
employment. The bill will also help to ensure that businesses can hire
the best worker for the job.


A 2019 survey by the Economic Policy Institute and Cornell University
estimates that in the United States, between 27.8% and 46.5% of
private-sector workers are subject to non-competes, and 18.1% of all
workers are covered by noncompete agreements. In New York, a staggering
44.2% of workplaces subject employees to non-compete agreements. The
study suggests that the rise of non-compete agreements in the workforce
is among the vast set of factors leading to rising inequality and large-
ly stagnant wages among all but the highest-paid workers.

Non-compete agreements hinder the ability of employees to seek higher
wages, better benefits, and working conditions by changing employers.
This bill will help ensure that employees can choose to leave their jobs
without losing their livelihoods and sacrificing their careers.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
becomes law.

2021-S6425 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6425
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2021
                                ___________
 
 Introduced  by  Sen.  RYAN  --  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 and certain restrictive covenants
 
   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 ANY AGREEMENT, OR  CLAUSE  CONTAINED
 IN  ANY  EMPLOYMENT  CONTRACT,  BETWEEN AN EMPLOYER AND AN EMPLOYEE THAT
 PROHIBITS OR RESTRICTS SUCH EMPLOYEE FROM  OBTAINING  EMPLOYMENT,  AFTER
 THE  CONCLUSION  OF  EMPLOYMENT WITH THE EMPLOYER INCLUDED AS A PARTY TO
 THE AGREEMENT; AND
   (B) "COVERED EMPLOYEE" MEANS ANY OTHER  PERSON  WHO,  WHETHER  OR  NOT
 EMPLOYED  UNDER  A CONTRACT OF EMPLOYMENT, PERFORMS WORK OR SERVICES FOR
 ANOTHER PERSON ON SUCH TERMS AND CONDITIONS THAT THEY ARE,  IN  RELATION
 TO THAT OTHER PERSON, IN A POSITION OF ECONOMIC DEPENDENCE ON, AND UNDER
 AN OBLIGATION TO PERFORM DUTIES FOR, THAT OTHER PERSON.
   2.  NO  EMPLOYER  OR  ITS AGENT, OR THE OFFICER OR AGENT OF ANY CORPO-
 RATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY, SHALL SEEK,  REQUIRE,
 DEMAND OR ACCEPT A NON-COMPETE AGREEMENT FROM ANY COVERED EMPLOYEE.
   3.  EVERY  CONTRACT  BY  WHICH ANYONE IS RESTRAINED FROM ENGAGING IN A
 LAWFUL PROFESSION, TRADE, OR BUSINESS OF ANY  KIND  IS  TO  THAT  EXTENT
 VOID. FOR ALL COVERED EMPLOYEES, NO EMPLOYER OR HIS OR HER AGENT, OR THE
 OFFICER  OR  AGENT  OF  ANY  CORPORATION, PARTNERSHIP, LIMITED LIABILITY
 COMPANY, SHALL SEEK, REQUIRE, DEMAND OR ACCEPT A  NON-COMPETE  AGREEMENT
 FROM ANY EMPLOYEE.
   4.  (A)  A  COVERED  EMPLOYEE,  MAY BRING A CIVIL ACTION IN A COURT OF
 COMPETENT JURISDICTION AGAINST ANY EMPLOYER OR PERSONS ALLEGED  TO  HAVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11008-01-1

 S. 6425                             2
 
 VIOLATED  THIS  SECTION.  AN EMPLOYEE SHALL BRING SUCH ACTION WITHIN TWO
 YEARS OF THE LATER OF: (I) WHEN THE PROHIBITED NON-COMPETE AGREEMENT WAS
 SIGNED; (II) WHEN THE EMPLOYEE  LEARNS  OF  THE  PROHIBITED  NON-COMPETE
 AGREEMENT; (III) WHEN THE EMPLOYMENT RELATIONSHIP IS TERMINATED; OR (IV)
 WHEN  THE  EMPLOYER TAKES ANY STEP TO ENFORCE THE NON-COMPETE AGREEMENT.
 THE COURT SHALL HAVE JURISDICTION TO VOID ANY SUCH NON-COMPETE AGREEMENT
 AND TO ORDER ALL APPROPRIATE RELIEF, INCLUDING ENJOINING THE CONDUCT  OF
 ANY  PERSON  OR  EMPLOYER;  ORDERING  PAYMENT OF LIQUIDATED DAMAGES; AND
 AWARDING LOST COMPENSATION,  DAMAGES,  REASONABLE  ATTORNEYS'  FEES  AND
 COSTS.
   (B)  FOR THE PURPOSES OF THIS SUBDIVISION, LIQUIDATED DAMAGES SHALL BE
 CALCULATED AS AN AMOUNT NOT MORE THAN TEN THOUSAND  DOLLARS.  THE  COURT
 SHALL  AWARD  LIQUIDATED  DAMAGES  TO EVERY EMPLOYEE AFFECTED UNDER THIS
 SECTION, IN ADDITION TO ANY OTHER REMEDIES PERMITTED BY THIS SECTION.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2021-S6425A - Details

See Assembly Version of this Bill:: A9591
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §191-d, Lab L
Versions Introduced in 2023-2024 Legislative Session:: S3100, A1278

2021-S6425A - Summary

2021-S6425A - Sponsor Memo

                                 
BILL NUMBER: S6425A

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the labor law, in relation to prohibiting non-compete
agreements and certain restrictive covenants

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill would update New York labor law regarding the permissible use
of non-compete agreements in employment contracts.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 191-d to the labor law.

Subsection 1: Defines "non-compete agreement" and "covered-employee."

Subsection 2: Provides that no employer or its agent, or the officer or
agent of any corporation, partnership, or limited liability company,
shall seek, require, demand or accept a non-compete agreement from a

covered employee.

Subsection 3: Voids current non-compete agreements and prohibits employ-
ers from seeking such agreement.

Subsection 4: Provides that an employee, including a covered employee,
may bring a civil action in a court of competent jurisdiction against
any employer or persons alleged to have violated this section.

The employee shall bring such action within two years of the later of:
(i) when the prohibited non-compete agreement was signed; (ii) when the
employee learns of the prohibited non-compete agreement; (iii) when the
employment relationship is terminated; or (iv) when the employer takes
any steps to enforce the non-compete agreement.

The court shall have jurisdiction to void a non-compete agreement and to
order all appropriate relief.

Liquidated damages shall be calculated as an amount not more than ten
thousand dollars. The court shall award liquidated damages to every
affected employee in addition to other permitted remedies.

Section 2 contains a severability clause.

Section 3 sets the effective date (180 days after it shall have become a
law).

2021-S6425A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6425--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2021
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Labor  --  recommitted  to
   the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend the labor law, in relation to prohibiting non-compete
   agreements and certain restrictive covenants
 
   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 ANY AGREEMENT, OR CLAUSE CONTAINED
 IN ANY EMPLOYMENT CONTRACT, BETWEEN AN EMPLOYER  AND  AN  EMPLOYEE  THAT
 PROHIBITS  OR  RESTRICTS  SUCH EMPLOYEE FROM OBTAINING EMPLOYMENT, AFTER
 THE CONCLUSION OF EMPLOYMENT WITH THE EMPLOYER INCLUDED AS  A  PARTY  TO
 THE AGREEMENT; AND
   (B)  "COVERED  EMPLOYEE"  MEANS  ANY  OTHER PERSON WHO, WHETHER OR NOT
 EMPLOYED UNDER A CONTRACT OF EMPLOYMENT, PERFORMS WORK OR  SERVICES  FOR
 ANOTHER  PERSON  ON SUCH TERMS AND CONDITIONS THAT THEY ARE, IN RELATION
 TO THAT OTHER PERSON, IN A POSITION OF ECONOMIC DEPENDENCE ON, AND UNDER
 AN OBLIGATION TO PERFORM DUTIES FOR, THAT OTHER PERSON, INCLUDING  INDE-
 PENDENT CONTRACTORS.
   2.  NO  EMPLOYER  OR  ITS AGENT, OR THE OFFICER OR AGENT OF ANY CORPO-
 RATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY, SHALL SEEK,  REQUIRE,
 DEMAND OR ACCEPT A NON-COMPETE AGREEMENT FROM ANY COVERED EMPLOYEE.
   3.  EVERY  CONTRACT  BY  WHICH ANYONE IS RESTRAINED FROM ENGAGING IN A
 LAWFUL PROFESSION, TRADE, OR BUSINESS OF ANY  KIND  IS  TO  THAT  EXTENT
 VOID. FOR ALL COVERED EMPLOYEES, NO EMPLOYER OR HIS OR HER AGENT, OR THE
 OFFICER  OR  AGENT  OF  ANY  CORPORATION, PARTNERSHIP, LIMITED LIABILITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11008-02-2

 S. 6425--A                          2
 
 COMPANY, SHALL SEEK, REQUIRE, DEMAND OR ACCEPT A  NON-COMPETE  AGREEMENT
 FROM ANY EMPLOYEE.
   4.  (A)  A  COVERED  EMPLOYEE,  MAY BRING A CIVIL ACTION IN A COURT OF
 COMPETENT JURISDICTION AGAINST ANY EMPLOYER OR PERSONS ALLEGED  TO  HAVE
 VIOLATED  THIS  SECTION.  AN EMPLOYEE SHALL BRING SUCH ACTION WITHIN TWO
 YEARS OF THE LATER OF: (I) WHEN THE PROHIBITED NON-COMPETE AGREEMENT WAS
 SIGNED; (II) WHEN THE EMPLOYEE  LEARNS  OF  THE  PROHIBITED  NON-COMPETE
 AGREEMENT; (III) WHEN THE EMPLOYMENT RELATIONSHIP IS TERMINATED; OR (IV)
 WHEN  THE  EMPLOYER TAKES ANY STEP TO ENFORCE THE NON-COMPETE AGREEMENT.
 THE COURT SHALL HAVE JURISDICTION TO VOID ANY SUCH NON-COMPETE AGREEMENT
 AND TO ORDER ALL APPROPRIATE RELIEF, INCLUDING ENJOINING THE CONDUCT  OF
 ANY  PERSON  OR  EMPLOYER;  ORDERING  PAYMENT OF LIQUIDATED DAMAGES; AND
 AWARDING LOST COMPENSATION,  DAMAGES,  REASONABLE  ATTORNEYS'  FEES  AND
 COSTS.
   (B)  FOR THE PURPOSES OF THIS SUBDIVISION, LIQUIDATED DAMAGES SHALL BE
 CALCULATED AS AN AMOUNT NOT MORE THAN TEN THOUSAND  DOLLARS.  THE  COURT
 SHALL  AWARD  LIQUIDATED  DAMAGES  TO EVERY EMPLOYEE AFFECTED UNDER THIS
 SECTION, IN ADDITION TO ANY OTHER REMEDIES PERMITTED BY THIS SECTION.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

2021-S6425B (ACTIVE) - Details

See Assembly Version of this Bill:: A9591
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §191-d, Lab L
Versions Introduced in 2023-2024 Legislative Session:: S3100, A1278

2021-S6425B (ACTIVE) - Summary

2021-S6425B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6425B

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the labor law, in relation to prohibiting non-compete
agreements and certain restrictive covenants

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill would update New York labor law regarding the permissible use
of non-compete agreements in employment contracts.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 191-d to the labor law.

Subsection 1: Defines "non-compete agreement" and "covered-employee."

Subsection 2: Provides that no employer or its agent, or the officer or
agent of any corporation, partnership, or limited liability company,
shall seek, require, demand or accept a non-compete agreement from a

covered employee.

Subsection 3: Voids current non-compete agreements and prohibits employ-
ers from seeking such agreement.

Subsection 4: Provides that an employee, including a covered employee,
may bring a civil action in a court of competent jurisdiction against
any employer or persons alleged to have violated this section.

The employee shall bring such action within two years of the later of:

(i) when the prohibited non-compete agreement was signed; (ii) when the
employee learns of the prohibited non-compete agreement; (iii) when the
employment relationship is terminated; or (iv) when the employer takes
any steps to enforce the non-compete agreement.

The court shall have jurisdiction to void a non-compete agreement and to
order all appropriate relief.

Liquidated damages shall be calculated as an amount not more than ten
thousand dollars. The court shall award liquidated damages to every
affected employee in addition to other permitted remedies.

Subsection 5: Provides that this bill does not affect any other
provision of law affecting the ability of the employer to enter into an
employment contract or other written agreement that protects specif-
ically enumerated legitimate business interests with a prospective or
current employee.

Section 2 contains a severability clause.

Section 3 sets the effective date (180 days after it shall have become a
law).

2021-S6425B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6425--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2021
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Labor  --  recommitted  to
   the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the labor law, in relation  to  prohibiting  non-compete
   agreements and certain restrictive covenants
 
   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 ANY AGREEMENT, OR  CLAUSE  CONTAINED
 IN  ANY  EMPLOYMENT  CONTRACT,  BETWEEN AN EMPLOYER AND AN EMPLOYEE THAT
 PROHIBITS OR RESTRICTS SUCH EMPLOYEE FROM  OBTAINING  EMPLOYMENT,  AFTER
 THE  CONCLUSION  OF  EMPLOYMENT WITH THE EMPLOYER INCLUDED AS A PARTY TO
 THE AGREEMENT; AND
   (B) "COVERED EMPLOYEE" MEANS ANY OTHER  PERSON  WHO,  WHETHER  OR  NOT
 EMPLOYED  UNDER  A CONTRACT OF EMPLOYMENT, PERFORMS WORK OR SERVICES FOR
 ANOTHER PERSON ON SUCH TERMS AND CONDITIONS THAT THEY ARE,  IN  RELATION
 TO THAT OTHER PERSON, IN A POSITION OF ECONOMIC DEPENDENCE ON, AND UNDER
 AN OBLIGATION TO PERFORM DUTIES FOR, THAT OTHER PERSON.
   2.  NO  EMPLOYER  OR  ITS AGENT, OR THE OFFICER OR AGENT OF ANY CORPO-
 RATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY, SHALL SEEK,  REQUIRE,
 DEMAND OR ACCEPT A NON-COMPETE AGREEMENT FROM ANY COVERED EMPLOYEE.
   3.  EVERY  CONTRACT  BY  WHICH ANYONE IS RESTRAINED FROM ENGAGING IN A
 LAWFUL PROFESSION, TRADE, OR BUSINESS OF ANY  KIND  IS  TO  THAT  EXTENT
 VOID. FOR ALL COVERED EMPLOYEES, NO EMPLOYER OR HIS OR HER AGENT, OR THE
 OFFICER  OR  AGENT  OF  ANY  CORPORATION, PARTNERSHIP, LIMITED LIABILITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11008-06-2

 S. 6425--B                          2
 
 COMPANY, SHALL SEEK, REQUIRE, DEMAND OR ACCEPT A  NON-COMPETE  AGREEMENT
 FROM ANY EMPLOYEE.
   4.  (A)  A  COVERED  EMPLOYEE,  MAY BRING A CIVIL ACTION IN A COURT OF
 COMPETENT JURISDICTION AGAINST ANY EMPLOYER OR PERSONS ALLEGED  TO  HAVE
 VIOLATED  THIS  SECTION.  AN EMPLOYEE SHALL BRING SUCH ACTION WITHIN TWO
 YEARS OF THE LATER OF: (I) WHEN THE PROHIBITED NON-COMPETE AGREEMENT WAS
 SIGNED; (II) WHEN THE COVERED EMPLOYEE LEARNS OF THE PROHIBITED NON-COM-
 PETE AGREEMENT; (III) WHEN THE EMPLOYMENT OR CONTRACTUAL RELATIONSHIP IS
 TERMINATED; OR (IV) WHEN THE EMPLOYER TAKES  ANY  STEP  TO  ENFORCE  THE
 NON-COMPETE  AGREEMENT.    THE COURT SHALL HAVE JURISDICTION TO VOID ANY
 SUCH NON-COMPETE AGREEMENT AND TO ORDER ALL APPROPRIATE RELIEF,  INCLUD-
 ING ENJOINING THE CONDUCT OF ANY PERSON OR EMPLOYER; ORDERING PAYMENT OF
 LIQUIDATED  DAMAGES; AND AWARDING LOST COMPENSATION, DAMAGES, REASONABLE
 ATTORNEYS' FEES AND COSTS.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, LIQUIDATED DAMAGES SHALL  BE
 CALCULATED  AS  AN  AMOUNT NOT MORE THAN TEN THOUSAND DOLLARS. THE COURT
 SHALL AWARD LIQUIDATED DAMAGES TO EVERY  EMPLOYEE  AFFECTED  UNDER  THIS
 SECTION, IN ADDITION TO ANY OTHER REMEDIES PERMITTED BY THIS SECTION.
   5.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED OR INTERPRETED AS
 AFFECTING ANY OTHER PROVISION OF FEDERAL, STATE, OR LOCAL LAW, RULE,  OR
 REGULATION  RELATING  TO  THE  ABILITY  OF  AN EMPLOYER TO ENTER INTO AN
 EMPLOYMENT CONTRACT OR OTHER WRITTEN AGREEMENT  WITH  A  PROSPECTIVE  OR
 CURRENT  EMPLOYEE  THAT  ESTABLISHES  A  MINIMUM  DURATION OF SERVICE OR
 PROHIBITS  DISCLOSURE  OF  TRADE  SECRETS,  DISCLOSURE  OF  PRIVATE  AND
 PERSONAL  CLIENT INFORMATION, OR SOLICITATION OF CLIENTS OF THE EMPLOYER
 THAT THE EMPLOYEE LEARNED ABOUT DURING EMPLOYMENT.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall be applicable to contracts entered  into  or
 modified on or after such effective date.

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Senate Bill S6425

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

2021-S6425 - Details

2021-S6425 - Summary

2021-S6425 - Sponsor Memo

2021-S6425 - Bill Text download pdf

2021-S6425A - Details

2021-S6425A - Summary

2021-S6425A - Sponsor Memo

2021-S6425A - Bill Text download pdf

co-Sponsors

2021-S6425B (ACTIVE) - Details

2021-S6425B (ACTIVE) - Summary

2021-S6425B (ACTIVE) - Sponsor Memo

2021-S6425B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6425

Share this bill

Sponsored By

Sean M. Ryan

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

2021-S6425 - Details

2021-S6425 - Summary

2021-S6425 - Sponsor Memo

2021-S6425 - Bill Text download pdf

2021-S6425A - Details

2021-S6425A - Summary

2021-S6425A - Sponsor Memo

2021-S6425A - Bill Text download pdf

co-Sponsors

Alessandra Biaggi

2021-S6425B (ACTIVE) - Details

2021-S6425B (ACTIVE) - Summary

2021-S6425B (ACTIVE) - Sponsor Memo

2021-S6425B (ACTIVE) - Bill Text download pdf

Comments