Governor Hochul Vetoes Bill Banning Non-Competes in New York
Client Alert | 1 min read | 12.28.23
Governor Hochul vetoed a bill passed by the New York State legislature that would have effectively banned all non-compete agreements. In her December 26, 2023 veto message, Governor Hochul cited New York’s “highly competitive economic climate” and the “legitimate interests” of companies to “retain highly compensated talent,” while stating that she has “long supported limits on non-compete agreements for middle-class and low-wage workers.” The Governor observed as well that she had “proposed banning non-compete agreements for anyone making below the median wage in New York” in her first Executive Budget. Governor Hochul stated that she remains open to “future legislation that achieves the right balance.”
New York employers may continue to require employees to sign non-compete agreements as a condition of employment. Non-compete agreements that are overly broad, however, may be deemed unenforceable by courts under New York law. Therefore, employers covered by New York law should continue to ensure that their non-compete agreements satisfy New York’s applicable requirements, such as extending only to the extent necessary to protect legitimate business interests, reflecting restrictions that are reasonable in time, geographic reach and otherwise, not being unreasonably burdensome to the employee, and avoiding harm to the general public.
Insights
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Following a multi-million-dollar ruling against it by the National Labor Relations Board (“NLRB”), nursing home operator Care One, LLC, is now challenging the authority of NLRB-appointed Administrative Law Judges (“ALJs”) on constitutional grounds before the Second Circuit Court of Appeals. The Second Circuit’s line of questioning during the November 12, 2024, oral argument revealed the Court’s apparent skepticism towards Care One’s challenges, creating the prospect of a circuit court split on key issues that are likely to make their way to the Supreme Court. Care One’s arguments follow the trend over the past several years of employers increasingly questioning the authority of ALJs to adjudicate their labor and employment claims before administrative agencies.
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