All eyes were on Albany in June of 2023 as the state Legislature appeared poised to prospectively ban all post-employment noncompetition agreements. After passing both the State Senate and the State Assembly, Bill No. S3100A was sent to Governor Kathy Hochul’s desk on Dec. 12, 2023.
Jeremy A. Cohen, partner at Seyfarth Shaw
If signed into law, the bill will make New York the fifth state in the nation to legislate a complete ban of all employment-based non-competes, joining California, North Dakota, Oklahoma, and Minnesota as the only other states to do so. The proposed law would impose liquidated damages of up to $10,000 against employers found liable for violating the statute, in addition to payment of lost compensation, damages, and attorney fees. Now, all eyes turn to Hochul to see whether she will sign the bill before the end of the year.
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