NY State Assembly Bill 2023-A1278A

Current Bill Status Via S3100 - 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	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 20, 2023	substituted by s3100a
Jun 05, 2023	ordered to third reading rules cal.484 rules report cal.484 reported
May 31, 2023	amend and recommit to rules 1278b
May 31, 2023	reported referred to rules
May 22, 2023	reported referred to codes
May 19, 2023	print number 1278a
May 19, 2023	amend and recommit to labor
Jan 13, 2023	referred to labor

Votes

- Jun 7, 2023 - Floor Vote
  S3100
  
  40
  
  Aye
  
  21
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (40)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (21)
      
      Ashby
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martins
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Rolison
      
      Stec
      
      Tedisco
      
      Walczyk
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  May 23, 2023 - Labor Committee Vote
  S3100
  
  9
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: May 23, 2023
      
      aye (9)
      
      Fernandez
      
      Gounardes
      
      Jackson
      
      Mayer
      
      Ramos
      
      Ryan
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Skoufis
      
      nay (1)
      
      Oberacker
      
      aye wr (3)
      
      Martins
      
      Mattera
      
      Rhoads

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

multi-Sponsors

2023-A1278 - Details

Law Section:: Labor Law
Laws Affected:: Add §191-d, Lab L
Versions Introduced in 2021-2022 Legislative Session:: A9591

2023-A1278 - Summary

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.

2023-A1278 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1278
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred 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, 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
 COMPANY, SHALL SEEK, REQUIRE, DEMAND OR ACCEPT A  NON-COMPETE  AGREEMENT
 FROM ANY EMPLOYEE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04318-01-3
 A. 1278                             2

 
   4.  (A)  A  COVERED  EMPLOYEE,  MAY BRING A CIVIL ACTION IN A COURT OF
 COMPETENT JURISDICTION AGAINST ANY EMPLOYER OR PERSONS ALLEGED  TO  HAVE
 VIOLATED  THIS  SECTION.  AN EMPLOYEE SHALL BRING SUCH ACTION WITHIN TWO
 YEARS OF THE LATER OF: (I) WHEN THE PROHIBITED NON-COMPETE AGREEMENT WAS
 SIGNED;  (II)  WHEN  THE  EMPLOYEE  LEARNS OF THE PROHIBITED NON-COMPETE
 AGREEMENT; (III) WHEN THE EMPLOYMENT RELATIONSHIP IS TERMINATED; OR (IV)
 WHEN THE EMPLOYER TAKES ANY STEP TO ENFORCE THE  NON-COMPETE  AGREEMENT.
 THE COURT SHALL HAVE JURISDICTION TO VOID ANY SUCH NON-COMPETE AGREEMENT
 AND  TO ORDER ALL APPROPRIATE RELIEF, INCLUDING ENJOINING THE CONDUCT OF
 ANY PERSON OR EMPLOYER; ORDERING  PAYMENT  OF  LIQUIDATED  DAMAGES;  AND
 AWARDING  LOST  COMPENSATION,  DAMAGES,  REASONABLE  ATTORNEYS' FEES AND
 COSTS.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, LIQUIDATED DAMAGES SHALL  BE
 CALCULATED  AS  AN  AMOUNT NOT MORE THAN TEN THOUSAND DOLLARS. THE COURT
 SHALL AWARD LIQUIDATED DAMAGES TO EVERY  EMPLOYEE  AFFECTED  UNDER  THIS
 SECTION, IN ADDITION TO ANY OTHER REMEDIES PERMITTED BY THIS SECTION.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2023-A1278A - Details

Law Section:: Labor Law
Laws Affected:: Add §191-d, Lab L
Versions Introduced in 2021-2022 Legislative Session:: A9591

2023-A1278A - Summary

2023-A1278A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1278--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. JOYNER, BORES, BURDICK, SIMON, ARDILA, REYES,
   TAYLOR, GIBBS, LUNSFORD, WALKER -- Multi-Sponsored  by  --  M.  of  A.
   SEAWRIGHT  --  read  once  and  referred  to the Committee on Labor --
   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 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.
                                                            LBD04318-02-3

 A. 1278--A                          2
 
 COMPANY,  OR  OTHER  ENTITY SHALL SEEK, REQUIRE, DEMAND OR ACCEPT A NON-
 COMPETE AGREEMENT FROM ANY COVERED INDIVIDUAL.
   4.  (A)  A  COVERED INDIVIDUAL, MAY BRING A CIVIL ACTION IN A COURT OF
 COMPETENT JURISDICTION AGAINST ANY EMPLOYER OR PERSONS ALLEGED  TO  HAVE
 VIOLATED  THIS  SECTION.  A  COVERED  INDIVIDUAL SHALL BRING SUCH ACTION
 WITHIN TWO YEARS OF THE LATER OF: (I) WHEN  THE  PROHIBITED  NON-COMPETE
 AGREEMENT  WAS  SIGNED;  (II)  WHEN THE COVERED INDIVIDUAL LEARNS OF THE
 PROHIBITED NON-COMPETE AGREEMENT; (III) WHEN THE EMPLOYMENT OR  CONTRAC-
 TUAL  RELATIONSHIP  IS  TERMINATED;  OR (IV) WHEN THE EMPLOYER TAKES ANY
 STEP TO ENFORCE THE NON-COMPETE AGREEMENT.  THE COURT SHALL HAVE  JURIS-
 DICTION  TO  VOID ANY SUCH NON-COMPETE AGREEMENT AND TO ORDER ALL APPRO-
 PRIATE RELIEF, INCLUDING ENJOINING THE CONDUCT OF ANY PERSON OR  EMPLOY-
 ER;   ORDERING   PAYMENT   OF  LIQUIDATED  DAMAGES;  AND  AWARDING  LOST
 COMPENSATION, DAMAGES, REASONABLE ATTORNEYS' FEES AND COSTS.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, LIQUIDATED DAMAGES SHALL  BE
 CALCULATED  AS  AN  AMOUNT NOT MORE THAN TEN THOUSAND DOLLARS. THE COURT
 SHALL AWARD LIQUIDATED DAMAGES  TO  EVERY  COVERED  INDIVIDUAL  AFFECTED
 UNDER  THIS SECTION, IN ADDITION TO ANY OTHER REMEDIES PERMITTED BY THIS
 SECTION.
   5. NOTHING IN THIS  SECTION  SHALL  BE  CONSTRUED  OR  INTERPRETED  AS
 AFFECTING  ANY OTHER PROVISION OF FEDERAL, STATE, OR LOCAL LAW, RULE, OR
 REGULATION RELATING TO THE ABILITY OF  AN  EMPLOYER  TO  ENTER  INTO  AN
 AGREEMENT  WITH  A PROSPECTIVE OR CURRENT COVERED INDIVIDUAL THAT ESTAB-
 LISHES A FIXED TERM OF SERVICE OR PROHIBITS DISCLOSURE OF TRADE SECRETS,
 DISCLOSURE OF CONFIDENTIAL AND PROPRIETARY CLIENT INFORMATION, OR SOLIC-
 ITATION OF CLIENTS OF THE EMPLOYER THAT THE COVERED  INDIVIDUAL  LEARNED
 ABOUT DURING EMPLOYMENT, PROVIDED THAT SUCH AGREEMENT DOES NOT OTHERWISE
 RESTRICT COMPETITION IN VIOLATION OF THIS SECTION.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a law and shall be applicable to contracts entered into or
 modified on or after such effective date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2023-A1278B (ACTIVE) - Details

Law Section:: Labor Law
Laws Affected:: Add §191-d, Lab L
Versions Introduced in 2021-2022 Legislative Session:: A9591

2023-A1278B (ACTIVE) - Summary

2023-A1278B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1278--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. JOYNER, BORES, BURDICK, SIMON, ARDILA, REYES,
   TAYLOR, GIBBS, LUNSFORD, WALKER, L. ROSENTHAL -- Multi-Sponsored by --
   M. of A.  SEAWRIGHT -- read once and  referred  to  the  Committee  on
   Labor  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee -- reported and referred  to
   the  Committee  on  Codes -- reported and referred to the Committee on
   Rules -- Rules Committee discharged, bill amended,  ordered  reprinted
   as amended and recommitted to the Committee on Rules
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04318-03-3
 A. 1278--B                          2

 
   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.
   4. (A) A COVERED INDIVIDUAL, MAY BRING A CIVIL ACTION IN  A  COURT  OF
 COMPETENT  JURISDICTION  AGAINST ANY EMPLOYER OR PERSONS ALLEGED TO HAVE
 VIOLATED THIS SECTION. A COVERED  INDIVIDUAL  SHALL  BRING  SUCH  ACTION
 WITHIN  TWO  YEARS  OF THE LATER OF: (I) WHEN THE PROHIBITED NON-COMPETE
 AGREEMENT WAS SIGNED; (II) WHEN THE COVERED  INDIVIDUAL  LEARNS  OF  THE
 PROHIBITED  NON-COMPETE AGREEMENT; (III) WHEN THE EMPLOYMENT OR CONTRAC-
 TUAL RELATIONSHIP IS TERMINATED; OR (IV) WHEN  THE  EMPLOYER  TAKES  ANY
 STEP  TO ENFORCE THE NON-COMPETE AGREEMENT.  THE COURT SHALL HAVE JURIS-
 DICTION TO VOID ANY SUCH NON-COMPETE AGREEMENT AND TO ORDER  ALL  APPRO-
 PRIATE  RELIEF, INCLUDING ENJOINING THE CONDUCT OF ANY PERSON OR EMPLOY-
 ER;  ORDERING  PAYMENT  OF  LIQUIDATED  DAMAGES;   AND   AWARDING   LOST
 COMPENSATION, DAMAGES, REASONABLE ATTORNEYS' FEES AND COSTS.
   (B)  FOR THE PURPOSES OF THIS SUBDIVISION, LIQUIDATED DAMAGES SHALL BE
 CALCULATED AS AN AMOUNT NOT MORE THAN TEN THOUSAND  DOLLARS.  THE  COURT
 SHALL  AWARD  LIQUIDATED  DAMAGES  TO  EVERY COVERED INDIVIDUAL AFFECTED
 UNDER THIS SECTION, IN ADDITION TO ANY OTHER REMEDIES PERMITTED BY  THIS
 SECTION.
   5.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED OR INTERPRETED AS
 AFFECTING ANY OTHER PROVISION OF FEDERAL, STATE, OR LOCAL LAW, RULE,  OR
 REGULATION  RELATING  TO  THE  ABILITY  OF  AN EMPLOYER TO ENTER INTO AN
 AGREEMENT WITH A PROSPECTIVE OR CURRENT COVERED INDIVIDUAL  THAT  ESTAB-
 LISHES A FIXED TERM OF SERVICE OR PROHIBITS DISCLOSURE OF TRADE SECRETS,
 DISCLOSURE OF CONFIDENTIAL AND PROPRIETARY CLIENT INFORMATION, OR SOLIC-
 ITATION  OF  CLIENTS OF THE EMPLOYER THAT THE COVERED INDIVIDUAL LEARNED
 ABOUT DURING EMPLOYMENT, PROVIDED THAT SUCH AGREEMENT DOES NOT OTHERWISE
 RESTRICT COMPETITION IN VIOLATION OF THIS SECTION.
   6. NOTWITHSTANDING SECTION TWO HUNDRED  TWO-K  OF  THIS  CHAPTER,  THE
 PROVISIONS OF THIS SECTION SHALL APPLY TO BROADCAST EMPLOYEES AS DEFINED
 IN  SECTION TWO HUNDRED TWO-K OF THIS CHAPTER; PROVIDED, HOWEVER, IN THE
 EVENT  THAT  ANY  CLAUSE,  SECTION,  SENTENCE,  PARAGRAPH,  SUBDIVISION,
 SECTION,  OR  PART  OF  THIS  SECTION  SHALL BE ADJUDGED BY ANY COURT OF
 COMPETENT JURISDICTION TO BE INVALID, THEN  SECTION  TWO  HUNDRED  TWO-K
 SHALL REMAIN IN EFFECT UNLESS SIMILARLY ADJUDGED TO BE INVALID.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a law and shall be applicable to contracts entered into or
 modified on or after such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Assembly Bill A1278A

Sponsored By

Current Bill Status Via S3100 - Vetoed by Governor

Jun 7, 2023 - Floor Vote

Floor Vote: Jun 7, 2023

May 23, 2023 - Labor Committee Vote

Labor Committee Vote: May 23, 2023

Bill Amendments

co-Sponsors

multi-Sponsors

2023-A1278 - Details

2023-A1278 - Summary

2023-A1278 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2023-A1278A - Details

2023-A1278A - Summary

2023-A1278A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2023-A1278B (ACTIVE) - Details

2023-A1278B (ACTIVE) - Summary

2023-A1278B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A1278A

Share this bill

Sponsored By

JOYNER

Current Bill Status Via S3100 - Vetoed by Governor

Bill Amendments

co-Sponsors

Alex Bores

Chris Burdick

Jo Anne Simon

Juan Ardila

multi-Sponsors

Rebecca Seawright

2023-A1278 - Details

2023-A1278 - Summary

2023-A1278 - Bill Text download pdf

co-Sponsors

Alex Bores

Chris Burdick

Jo Anne Simon

Juan Ardila

multi-Sponsors

Rebecca Seawright

2023-A1278A - Details

2023-A1278A - Summary

2023-A1278A - Bill Text download pdf

co-Sponsors

Alex Bores

Chris Burdick

Jo Anne Simon

Juan Ardila

multi-Sponsors

Rebecca Seawright

2023-A1278B (ACTIVE) - Details

2023-A1278B (ACTIVE) - Summary

2023-A1278B (ACTIVE) - Bill Text download pdf

Comments