Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 25, 2022 |
print number 6425b |
May 25, 2022 |
amend and recommit to labor |
Apr 14, 2022 |
print number 6425a |
Apr 14, 2022 |
amend and recommit to labor |
Jan 05, 2022 |
referred to labor |
Apr 28, 2021 |
referred to labor |
Senate Bill S6425B
2021-2022 Legislative Session
Sponsored By
(D) 61st 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
Bill Amendments
2021-S6425 - Details
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Add §191-d, Lab L
- Versions Introduced in 2023-2024 Legislative Session:
-
S3100
2021-S6425 - Sponsor Memo
BILL NUMBER: S6425 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-employee." Subsection 2: Provides that no employer or its agent, or the officer or agent of any corporation, partnership, or limited liability company,
2021-S6425 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6425 2021-2022 Regular Sessions I N S E N A T E April 28, 2021 ___________ 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 EMPLOYMENT CONTRACT, BETWEEN AN EMPLOYER AND AN EMPLOYEE THAT PROHIBITS OR RESTRICTS SUCH EMPLOYEE FROM OBTAINING EMPLOYMENT, AFTER THE CONCLUSION OF EMPLOYMENT WITH THE EMPLOYER INCLUDED AS A PARTY TO THE AGREEMENT; AND (B) "COVERED EMPLOYEE" 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, OR LIMITED LIABILITY COMPANY, SHALL SEEK, REQUIRE, DEMAND OR ACCEPT A NON-COMPETE AGREEMENT FROM ANY COVERED EMPLOYEE. 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 EMPLOYEES, NO EMPLOYER OR HIS OR HER AGENT, OR THE OFFICER OR AGENT OF ANY CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, SHALL SEEK, REQUIRE, DEMAND OR ACCEPT A NON-COMPETE AGREEMENT FROM ANY EMPLOYEE. 4. (A) A COVERED EMPLOYEE, MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION AGAINST ANY EMPLOYER OR PERSONS ALLEGED TO HAVE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2021-S6425A - Details
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Add §191-d, Lab L
- Versions Introduced in 2023-2024 Legislative Session:
-
S3100
2021-S6425A - Sponsor Memo
BILL NUMBER: S6425A 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-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
2021-S6425A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6425--A 2021-2022 Regular Sessions I N S E N A T E April 28, 2021 ___________ Introduced by Sen. RYAN -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- recommitted to the Committee on Labor in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EMPLOYMENT CONTRACT, BETWEEN AN EMPLOYER AND AN EMPLOYEE THAT PROHIBITS OR RESTRICTS SUCH EMPLOYEE FROM OBTAINING EMPLOYMENT, AFTER THE CONCLUSION OF EMPLOYMENT WITH THE EMPLOYER INCLUDED AS A PARTY TO THE AGREEMENT; AND (B) "COVERED EMPLOYEE" 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, INCLUDING INDE- PENDENT CONTRACTORS. 2. NO EMPLOYER OR ITS AGENT, OR THE OFFICER OR AGENT OF ANY CORPO- RATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY, SHALL SEEK, REQUIRE, DEMAND OR ACCEPT A NON-COMPETE AGREEMENT FROM ANY COVERED EMPLOYEE. 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 EMPLOYEES, NO EMPLOYER OR HIS OR HER 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. LBD11008-02-2
co-Sponsors
(D, WF) Senate District
2021-S6425B (ACTIVE) - Details
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Add §191-d, Lab L
- Versions Introduced in 2023-2024 Legislative Session:
-
S3100
2021-S6425B (ACTIVE) - Sponsor Memo
BILL NUMBER: S6425B 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-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
2021-S6425B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6425--B 2021-2022 Regular Sessions I N S E N A T E April 28, 2021 ___________ Introduced by Sen. RYAN -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- recommitted to the Committee on Labor in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EMPLOYMENT CONTRACT, BETWEEN AN EMPLOYER AND AN EMPLOYEE THAT PROHIBITS OR RESTRICTS SUCH EMPLOYEE FROM OBTAINING EMPLOYMENT, AFTER THE CONCLUSION OF EMPLOYMENT WITH THE EMPLOYER INCLUDED AS A PARTY TO THE AGREEMENT; AND (B) "COVERED EMPLOYEE" 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, OR LIMITED LIABILITY COMPANY, SHALL SEEK, REQUIRE, DEMAND OR ACCEPT A NON-COMPETE AGREEMENT FROM ANY COVERED EMPLOYEE. 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 EMPLOYEES, NO EMPLOYER OR HIS OR HER 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. LBD11008-06-2
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