Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 |
referred to labor |
May 15, 2019 |
referred to labor |
Senate Bill S5790
2019-2020 Legislative Session
Sponsored By
(D, WF) 13th Senate District
Archive: Last Bill Status - In Senate Committee Labor 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
co-Sponsors
(D, WF) Senate District
(D) 26th Senate District
2019-S5790 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7193
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Add §191-d, Lab L
- Versions Introduced in 2017-2018 Legislative Session:
-
A7864
2019-S5790 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5790 SPONSOR: RAMOS TITLE OF BILL: An act to amend the labor law, in relation to prohib- iting non-compete agreements and certain restrictive covenants PURPOSE OR GENERAL IDEA OF BILL: The bill would clarify and update New York labor law regarding the permissible use of non-compete agreements in employment contracts. SUMMARY OF SPECIFIC PROVISIONS: Section 1, which adds a new section 191-d to the labor law, is divided as follows: 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
2019-S5790 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5790 2019-2020 Regular Sessions I N S E N A T E May 15, 2019 ___________ Introduced by Sen. RAMOS -- (at request of the Attorney General) -- 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 AN AGREEMENT, OR CLAUSE CONTAINED IN AN EMPLOYMENT CONTRACT, BETWEEN AN EMPLOYER AND AN EMPLOYEE THAT PROHIB- ITS OR RESTRICTS SUCH EMPLOYEE FROM OBTAINING EMPLOYMENT, AFTER THE CONCLUSION OF EMPLOYMENT WITH THE EMPLOYER INCLUDED AS A PARTY TO THE AGREEMENT: (I) FOR A SPECIFIED PERIOD OF TIME; (II) IN ANY SPECIFIED GEOGRAPHICAL AREA; AND/OR (III) WITH ANY PARTICULAR OTHER EMPLOYER OR IN ANY PARTICULAR INDUS- TRY. B. "COVERED EMPLOYEE" MEANS ANY EMPLOYEE WHOSE EARNINGS ARE LESS THAN SEVENTY-FIVE THOUSAND DOLLARS ANNUALLY. THIS THRESHOLD SHALL BE ANNUALLY INCREASED, WHERE WARRANTED BY APPLICATION OF THE BELOW-DESCRIBED FORMU- LA, PURSUANT TO A PERCENTAGE TO BE DETERMINED BY REFERENCE TO THE CONSUMER PRICE INDEX, PUBLISHED BY THE UNITED STATES BUREAU OF LABOR STATISTICS, FOR THE APPLICABLE CALENDAR YEAR. SAID PERCENTAGE SHALL EQUAL FIFTY PERCENT OF THE ANNUAL INFLATION, AS DETERMINED FROM THE INCREASE IN THE CONSUMER PRICE INDEX IN THE ONE-YEAR PERIOD ENDING ON MARCH THIRTY-FIRST PRIOR TO THE COST-OF-LIVING ADJUSTMENT EFFECTIVE ON THE ENSUING SEPTEMBER FIRST. SAID PERCENTAGE SHALL THEN BE ROUNDED UP TO THE NEXT HIGHER ONE-TENTH OF ONE PERCENT AND SHALL NOT EXCEED THREE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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