Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 11, 2016 |
print number 2147b |
May 11, 2016 |
amend and recommit to labor |
Feb 08, 2016 |
print number 2147a |
Feb 08, 2016 |
amend and recommit to labor |
Jan 06, 2016 |
referred to labor |
Jan 15, 2015 |
referred to labor |
Assembly Bill A2147B
2015-2016 Legislative Session
Sponsored By
STECK
Archive: Last Bill Status - In Assembly 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
Actions
Bill Amendments
co-Sponsors
Richard Gottfried
Gary Finch
Bill Nojay
Anthony Brindisi
multi-Sponsors
Steven McLaughlin
Michelle Schimel
Rebecca Seawright
2015-A2147 - Details
2015-A2147 - Summary
Relates to the state policy against restraint of trade; certain covenant not to compete unenforceable under certain circumstances; covenants regarding attorneys, whether as employees or independent contractors, are unenforceable in light of the client's right to choose his or her counsel.
2015-A2147 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2147 2015-2016 Regular Sessions I N A S S E M B L Y January 15, 2015 ___________ Introduced by M. of A. STECK -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to the state policy against restraint of trade 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 article 32 to read as follows: ARTICLE 32 POLICY AGAINST RESTRAINT OF TRADE SECTION 930. POLICY. 931. PARTICULAR RESTRAINTS OF TRADE UNENFORCEABLE. 932. EXCEPTIONS. S 930. POLICY. THE LEGISLATURE HEREBY REAFFIRMS THAT THE POLICY OF THIS STATE IS TO DISFAVOR RESTRICTIVE COVENANTS IN EMPLOYMENT AS CONSTI- TUTING A RESTRAINT OF TRADE. S 931. PARTICULAR RESTRAINTS OF TRADE UNENFORCEABLE. A COVENANT NOT TO COMPETE, OR NON-SOLICITATION AGREEMENT WITH RESPECT TO EITHER EMPLOYEES OR CUSTOMERS, SHALL NOT BE ENFORCEABLE AGAINST A FORMER EMPLOYEE NO LONGER EMPLOYED BY A BUSINESS OR INDEPENDENT CONTRACTOR NO LONGER IN A CONTRACTUAL RELATIONSHIP WITH THE BUSINESS, UNLESS (1) THE COVENANT IS REASONABLE IN GEOGRAPHIC EXTENT OR IN TIME BASED ON THE CIRCUMSTANCES OF THE CASE AND (2) ONE OF THE FOLLOWING IS TRUE: (A) SUCH EMPLOYEE OR INDEPENDENT CONTRACTOR LEFT THE BUSINESS VOLUN- TARILY OR WAS INVOLUNTARILY TERMINATED OR DISCHARGED FOR MISCONDUCT; AND SUCH EMPLOYEE OR INDEPENDENT CONTRACTOR IS UNIQUE AS A MATTER OF LAW. AN EMPLOYEE OR INDEPENDENT CONTRACTOR IS CONSIDERED UNIQUE IF AND ONLY IF HE OR SHE POSSESSES TRADE SECRETS OF THE BUSINESS OR CONFIDENTIAL MATE- RIAL THAT IS AKIN TO A TRADE SECRET. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06922-01-5
co-Sponsors
Richard Gottfried
Gary Finch
Bill Nojay
Anthony Brindisi
multi-Sponsors
Steven McLaughlin
Michelle Schimel
Rebecca Seawright
2015-A2147A - Details
2015-A2147A - Summary
Relates to the state policy against restraint of trade; certain covenant not to compete unenforceable under certain circumstances; covenants regarding attorneys, whether as employees or independent contractors, are unenforceable in light of the client's right to choose his or her counsel.
2015-A2147A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2147--A 2015-2016 Regular Sessions I N A S S E M B L Y January 15, 2015 ___________ Introduced by M. of A. STECK, GOTTFRIED, FINCH, NOJAY, BRINDISI, ARROYO -- Multi-Sponsored by -- M. of A. McLAUGHLIN, SCHIMEL, SEAWRIGHT -- read once and referred to the Committee on Labor -- recommitted to the Committee on Labor in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to the state policy against restraint of trade 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 article 33 to read as follows: ARTICLE 33 POLICY AGAINST RESTRAINT OF TRADE SECTION 950. POLICY. 951. PARTICULAR RESTRAINTS OF TRADE UNENFORCEABLE. 952. EXCEPTIONS. S 950. POLICY. THE LEGISLATURE HEREBY REAFFIRMS THAT THE POLICY OF THIS STATE IS TO DISFAVOR RESTRICTIVE COVENANTS IN EMPLOYMENT AS CONSTI- TUTING A RESTRAINT OF TRADE. S 951. PARTICULAR RESTRAINTS OF TRADE UNENFORCEABLE. A COVENANT NOT TO COMPETE, OR NON-SOLICITATION AGREEMENT WITH RESPECT TO EITHER EMPLOYEES OR CUSTOMERS, SHALL NOT BE ENFORCEABLE AGAINST A FORMER EMPLOYEE NO LONGER EMPLOYED BY A BUSINESS OR INDEPENDENT CONTRACTOR NO LONGER IN A CONTRACTUAL RELATIONSHIP WITH THE BUSINESS, UNLESS (1) THE COVENANT IS REASONABLE IN GEOGRAPHIC EXTENT OR IN TIME BASED ON THE CIRCUMSTANCES OF THE CASE AND (2) ONE OF THE FOLLOWING IS TRUE: (A) SUCH EMPLOYEE OR INDEPENDENT CONTRACTOR LEFT THE BUSINESS VOLUN- TARILY OR WAS INVOLUNTARILY TERMINATED OR DISCHARGED FOR MISCONDUCT; AND SUCH EMPLOYEE OR INDEPENDENT CONTRACTOR IS UNIQUE AS A MATTER OF LAW. AN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06922-03-6
co-Sponsors
Richard Gottfried
Gary Finch
Anthony Brindisi
Carmen E. Arroyo
multi-Sponsors
Steven McLaughlin
Michelle Schimel
Rebecca Seawright
2015-A2147B (ACTIVE) - Details
2015-A2147B (ACTIVE) - Summary
Relates to the state policy against restraint of trade; certain covenant not to compete unenforceable under certain circumstances; covenants regarding attorneys, whether as employees or independent contractors, are unenforceable in light of the client's right to choose his or her counsel.
2015-A2147B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2147--B 2015-2016 Regular Sessions I N A S S E M B L Y January 15, 2015 ___________ Introduced by M. of A. STECK, GOTTFRIED, FINCH, NOJAY, BRINDISI, ARROYO -- Multi-Sponsored by -- M. of A. McLAUGHLIN, SCHIMEL, SEAWRIGHT -- read once and referred to the Committee on Labor -- recommitted to the Committee on Labor in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to the state policy against restraint of trade 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 article 33 to read as follows: ARTICLE 33 POLICY AGAINST RESTRAINT OF TRADE SECTION 950. POLICY. 951. PARTICULAR RESTRAINTS OF TRADE UNENFORCEABLE. 952. COVENANTS RELATING TO ATTORNEYS. 953. EXCEPTIONS. S 950. POLICY. THE LEGISLATURE HEREBY REAFFIRMS THAT THE POLICY OF THIS STATE IS TO DISFAVOR RESTRICTIVE COVENANTS IN EMPLOYMENT AS CONSTI- TUTING A RESTRAINT OF TRADE. S 951. PARTICULAR RESTRAINTS OF TRADE UNENFORCEABLE. A COVENANT NOT TO COMPETE, OR NON-SOLICITATION AGREEMENT WITH RESPECT TO EITHER EMPLOYEES OR CUSTOMERS, SHALL NOT BE ENFORCEABLE AGAINST A FORMER EMPLOYEE NO LONGER EMPLOYED BY A BUSINESS OR INDEPENDENT CONTRACTOR NO LONGER IN A CONTRACTUAL RELATIONSHIP WITH THE BUSINESS, UNLESS (1) THE COVENANT IS REASONABLE IN GEOGRAPHIC EXTENT OR IN TIME BASED ON THE CIRCUMSTANCES OF THE CASE AND (2) ONE OF THE FOLLOWING IS TRUE: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06922-04-6
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