The final weeks of the 2026 New York state legislative session was remarkably active for labor and employment law. In rapid succession, the Legislature passed four significant bills that collectively would expand employee rights and impose substantial new compliance obligations on employers operating in the state.
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The authors discuss major federal, New York, and nationwide developments affecting restrictive covenants since 2025, including the FTC’s shift to targeted enforcement, New York’s advancing S4641 bill and new Trapped at Work Act, and a wave of state legislation tightening or, in some cases, expanding enforceability. Courts continue to scrutinize overbroad covenants, reinforcing the need for narrowly tailored agreements supported by adequate consideration.
The NLRB’s 'Cemex' decision changed longstanding rules, allowing serious employer unfair labor practices to justify a bargaining order without a new election. The...
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