New York State Senator Sean Ryan recently introduced Senate Bill 4641 (the “Bill”) that proposes to ban noncompete agreements for most New York employees. If passed, the Bill would prospectively prohibit employers from enforcing noncompetes, except for highly compensated individuals who make an average of $500,000 or more per year and in the context of the sale of a business. The Bill would not apply retroactively, so if passed, existing noncompetes would remain enforceable consistent with New York common law.
The Bill follows Governor Hochul’s December 2023 veto of Senate Bill 3100-A, also sponsored by Senator Sean Ryan, that sought to broadly ban noncompetes for all employees regardless of income. As we reported in December 2023, Governor Hochul stated that she would not sign an outright noncompete ban, but instead preferred a “balance” with a compensation threshold and a carveout for noncompetes entered into in connection with the sale of a business. The new Bill does just that.
2023 started off with a bang, and it is certainly not ending with a whimper. On January 4, 2023, the Federal Trade Commission (FTC) announced the settlement of two enforcement actions against employers arising out of their use and enforcement of noncompetes. The very next day, the FTC proposed a rule that would ban noncompetes nationwide if enacted (which we do not believe will ever happen), with only a very narrow exception for noncompetes entered into in connection with the sale of a business.
The year only continued to get more turbulent in this area of law, with Minnesota banning ...
Blog Editors
Recent Updates
- Health Care Non-Competes: 2025
- Wyoming Joins the List of States Banning Some Noncompete Agreements
- Arkansas Prohibits Noncompetes for Physicians
- New York State Proposes Bill to Ban Noncompetes Except for Highly Compensated Workers and in Sales of Businesses
- Texas Joins List of Legislatures Seeking to Ban Noncompete Agreements