Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 15, 2023 |
signed chap.434 |
Sep 07, 2023 |
delivered to governor |
Jun 06, 2023 |
returned to senate passed assembly ordered to third reading rules cal.242 substituted for a5295 |
Jun 01, 2023 |
referred to labor delivered to assembly passed senate |
May 01, 2023 |
advanced to third reading |
Apr 26, 2023 |
2nd report cal. |
Apr 25, 2023 |
1st report cal.655 |
Mar 10, 2023 |
referred to labor |
Senate Bill S5640
Signed By Governor2023-2024 Legislative Session
Sponsored By
(D, WF) 13th Senate District
Current Bill Status - Signed by Governor
- 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
Actions
Votes
co-Sponsors
(D, WF) 31st Senate District
2023-S5640 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5295
- Law Section:
- Labor Law
- Laws Affected:
- Add §203-f, Lab L
2023-S5640 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5640 SPONSOR: RAMOS TITLE OF BILL: An act to amend the labor law, in relation to inventions made by employ- ees PURPOSE OR GENERAL IDEA OF BILL: Amends the labor law by adding a new section 203-f which specifies that IP/an invention developed entirely on an employee's own time, without using an employer's property or trade secrets, belongs to the employee. SUMMARY OF PROVISIONS: Section 1 amends the labor law to add a section 203-f. This amendment renders any employment agreement unenforceable if it requires employees to assign the rights to inventions developed using the employee's own property and time. It specifies exemption for IP created with actual or demonstrably anticipated research of the employer, or from work performed by the employee in the course of their work for the employer.
2023-S5640 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5640 2023-2024 Regular Sessions I N S E N A T E March 10, 2023 ___________ Introduced by Sen. RAMOS -- 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 inventions made by employ- ees 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 203-f to read as follows: § 203-F. INVENTIONS MADE BY EMPLOYEES. 1. ANY PROVISION IN AN EMPLOY- MENT AGREEMENT WHICH PROVIDES THAT AN EMPLOYEE SHALL ASSIGN, OR OFFER TO ASSIGN, ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER'S EQUIPMENT, SUPPLIES, FACILITIES, OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER: (A) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE INVENTION TO THE EMPLOYER'S BUSINESS, OR ACTUAL OR DEMONSTRABLY ANTIC- IPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYER; OR (B) RESULT FROM ANY WORK PERFORMED BY THE EMPLOYEE FOR THE EMPLOYER. 2. TO THE EXTENT A PROVISION IN AN EMPLOYMENT AGREEMENT PURPORTS TO REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING REQUIRED TO BE ASSIGNED UNDER SUBDIVISION ONE OF THIS SECTION, SUCH PROVISION IS AGAINST THE PUBLIC POLICY OF THIS STATE AND SHALL BE UNEN- FORCEABLE. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08936-01-3
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