Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 22, 2023 |
vetoed memo.133 |
Dec 12, 2023 |
delivered to governor |
Jun 20, 2023 |
returned to senate passed assembly ordered to third reading rules cal.484 substituted for a1278b |
Jun 20, 2023 |
substituted by s3100a |
Jun 05, 2023 |
ordered to third reading rules cal.484 rules report cal.484 reported |
May 31, 2023 |
amend and recommit to rules 1278b |
May 31, 2023 |
reported referred to rules |
May 22, 2023 |
reported referred to codes |
May 19, 2023 |
print number 1278a |
May 19, 2023 |
amend and recommit to labor |
Jan 13, 2023 |
referred to labor |
Assembly Bill A1278B
Vetoed By Governor2023-2024 Legislative Session
Sponsored By
JOYNER
Current Bill Status Via S3100 - Vetoed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Vetoed By Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
Alex Bores
Chris Burdick
Jo Anne Simon
Juan Ardila
multi-Sponsors
Rebecca Seawright
2023-A1278 - Details
2023-A1278 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1278 2023-2024 Regular Sessions I N A S S E M B L Y January 13, 2023 ___________ Introduced by M. of A. JOYNER -- read once and referred 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, 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 COMPANY, SHALL SEEK, REQUIRE, DEMAND OR ACCEPT A NON-COMPETE AGREEMENT FROM ANY EMPLOYEE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04318-01-3 A. 1278 2
co-Sponsors
Alex Bores
Chris Burdick
Jo Anne Simon
Juan Ardila
multi-Sponsors
Rebecca Seawright
2023-A1278A - Details
2023-A1278A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1278--A 2023-2024 Regular Sessions I N A S S E M B L Y January 13, 2023 ___________ Introduced by M. of A. JOYNER, BORES, BURDICK, SIMON, ARDILA, REYES, TAYLOR, GIBBS, LUNSFORD, WALKER -- Multi-Sponsored by -- M. of A. SEAWRIGHT -- read once and referred to the Committee on Labor -- 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 AGREEMENT, BETWEEN AN EMPLOYER AND A COVERED INDIVIDUAL THAT PROHIBITS OR RESTRICTS SUCH COVERED INDIVIDUAL FROM OBTAINING EMPLOY- MENT, AFTER THE CONCLUSION OF EMPLOYMENT WITH THE EMPLOYER INCLUDED AS A PARTY TO THE AGREEMENT; AND (B) "COVERED INDIVIDUAL" 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, LIMITED LIABILITY COMPANY, OR OTHER ENTITY, SHALL SEEK, REQUIRE, DEMAND OR ACCEPT A NON-COMPETE AGREEMENT FROM ANY COVERED INDIVIDUAL. 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 INDIVIDUALS, NO EMPLOYER OR ITS 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. LBD04318-02-3
co-Sponsors
Alex Bores
Chris Burdick
Jo Anne Simon
Juan Ardila
multi-Sponsors
Rebecca Seawright
2023-A1278B (ACTIVE) - Details
2023-A1278B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1278--B 2023-2024 Regular Sessions I N A S S E M B L Y January 13, 2023 ___________ Introduced by M. of A. JOYNER, BORES, BURDICK, SIMON, ARDILA, REYES, TAYLOR, GIBBS, LUNSFORD, WALKER, L. ROSENTHAL -- Multi-Sponsored by -- M. of A. SEAWRIGHT -- read once and referred to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules 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 AGREEMENT, BETWEEN AN EMPLOYER AND A COVERED INDIVIDUAL THAT PROHIBITS OR RESTRICTS SUCH COVERED INDIVIDUAL FROM OBTAINING EMPLOY- MENT, AFTER THE CONCLUSION OF EMPLOYMENT WITH THE EMPLOYER INCLUDED AS A PARTY TO THE AGREEMENT; AND (B) "COVERED INDIVIDUAL" 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, LIMITED LIABILITY COMPANY, OR OTHER ENTITY, SHALL SEEK, REQUIRE, DEMAND OR ACCEPT A NON-COMPETE AGREEMENT FROM ANY COVERED INDIVIDUAL. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04318-03-3 A. 1278--B 2
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
BAN THEM ALL ! ESPECIALLY FOR EVERYDAY PEOPLE ! We have the right to compete for the same clients !! NON SOLICITATION BAN IT ALL! No one has a right to anyone else's work. No one has a right to tell anyone else that they can't solicit a client. It's RIDICULOUS! BAN IT ALL! ITS HURTING PEOPLE!