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NY A01278

Bill

Status

Introduced

1/13/2023

Primary Sponsor

Latoya Joyner

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Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Prohibits employers from seeking, requiring, demanding, or accepting non-compete agreements from any covered individual, with all such agreements declared void.

  • Defines "covered individual" as any person who performs work or services for another on terms creating economic dependence and obligation to perform duties, including but not limited to traditional employees.

  • Allows covered individuals to bring civil actions within two years of signing, learning of, termination, or enforcement of a prohibited non-compete agreement.

  • Authorizes courts to void non-compete agreements and award liquidated damages up to $10,000, lost compensation, actual damages, reasonable attorneys' fees, and injunctive relief.

  • Preserves employer ability to enforce agreements protecting trade secrets, confidential information, fixed terms of service, and non-solicitation of clients learned during employment, provided they do not otherwise restrict competition.

Legislative Description

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

Last Action

substituted by s3100a

6/20/2023

Committee Referrals

Rules5/31/2023
Codes5/22/2023
Labor1/13/2023

Full Bill Text

No bill text available