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 07, 2023 |
referred to codes delivered to assembly passed senate |
May 31, 2023 |
amended on third reading 3100a |
May 30, 2023 |
advanced to third reading |
May 24, 2023 |
2nd report cal. |
May 23, 2023 |
1st report cal.1335 |
Jan 27, 2023 |
referred to labor |
Senate Bill S3100A
Vetoed By Governor2023-2024 Legislative Session
Sponsored By
(D) 61st Senate District
Current Bill Status - 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
(D, WF) 31st Senate District
(D, WF) 37th Senate District
2023-S3100 - Details
2023-S3100 - Sponsor Memo
BILL NUMBER: S3100 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-individual." 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
2023-S3100 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3100 2023-2024 Regular Sessions I N S E N A T E January 27, 2023 ___________ 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 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 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. LBD05912-01-3 S. 3100 2
co-Sponsors
(D, WF) 31st Senate District
(D, WF) 37th Senate District
(D, WF) 13th Senate District
2023-S3100A (ACTIVE) - Details
2023-S3100A (ACTIVE) - Sponsor Memo
BILL NUMBER: S3100A Revised 7/13/23 SPONSOR: RYAN 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 non-compete agreements entered into after the effec- tive date and prohibits employers from seeking such agreement. Subsection 4: Provides that an employee, including a covered employee,
2023-S3100A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3100--A Cal. No. 1335 2023-2024 Regular Sessions I N S E N A T E January 27, 2023 ___________ Introduced by Sens. RYAN, JACKSON, MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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.
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My friend had to leave the state to get work after he couldn’t get a job locally because of a non-compete. It’s a horrible practice. If a business wants to keep talented treat them better instead of holding them hostage.
You absolutely need to ban these they are destroying people's lives.Emplpyers use them as THREATS . I am a licensed skin care therapist. I simply will not Sin 1 of these. They are so un-american and against competition which is ridiculous. I have the right like any other human being to compete with my former employer. Or anyone else that I choose to after? I leave that place of employment. This gives way too much power over the worker from the employer. And it should never exist nothing even like it should exist. Employers should treat they're employees with more respect. And maybe that's when they'll just stay because they're being treated properly and paid properly. I cannot stress to you and not how I want this to be banned. It has many times destroyed my life and may be have to rebuild again!!! PASS IT NOW! My employer knew that it might be past soon and had the nerve to hand me one a couple of days ago and I had to resign from my work. And now I have no recourse whatsoever. I can't even get unemployment. It's disgusting change it in fact don't change it completely get rid of it! Thank you
You need to make this bill much broader. They should not be allowed to tell you that you can't take clients that you took at their place of business in your new place of business. It's a free market if a client wants to come to you after you've left their place of business as long as you haven't specifically solicited them by calling them, There is way too much broadness in this bill. And it's going to still give a lot of rights too employers to hold employees hostage. And not allow them to open businesses work in the free market in the service industry. Such as I am in skin care. And for example, massage therapists, we are slaves to these people because of all of these provisions. No other job, can you not go and let you earn clients know where you're going It's a free market if you want your clients to stay with you, then treat them accordingly. That's how competition works. The whole thing needs to be scrapped. No one could have or should have any hold. On any other human beings right to do anything. As far as business goes it's absolutely disgusting. Perhaps in matters of invention and things like that I get it or Giant CEO's in company's or engineers that no secrets. But when you're talking about a hand in Stone or a massage envy? And they're stopping people from opening businesses with this nonsense. Competing with them for the same clientele. In the same neighborhood, that's the way it's done too bad. It shouldn't be allowed AT ALL For any employee making less than $200,000 a year ! My industry is never mentioned in any of these laws. Because you people don't even know how our industry works. And how much these people get away with there needs to be many other laws put in place as well. And the ones that are put in place need to stop being broken and you need to start sending out inspectors to these places. They are not following labor laws properly . Many of them are not.