Unanswered Questions In The Wake Of New York’s Proposed Non-Compete Ban: Where Does The Bill Leave Employers?
Member Andrew Bernstein and Associates Corbin Carter and Evan Piercey co-authored an article published by the New York Law Journal summarizing the proposed New York legislation on non-competes. The authors wrote, "Following the passage by the State Senate of S3100A, and by the State Assembly of A1278B, if signed into law, the proposed legislation would ban employers from entering into new agreements (or modifying existing ones) prohibiting or restricting 'covered individuals' from obtaining employment 'after the conclusion of employment.' Any attempt by an employer to enforce such a restriction would provide covered individuals with a private right of action against the employer (and likely others)."
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