State and Federal Efforts to Ban Have Not Been Successful
Over the past few years, there has been increased interest nationwide in limiting or banning most noncompete agreements. Four states have outlawed them—Minnesota, California, North Dakota and Oklahoma—and half of the states across the country put some type of limitations on their enforceability.
In 2023, legislators in the state of New York passed a law banning noncompete agreements and sent it to Governor Kathy Hochul for her signature. Concerned that the law as written would effectively prohibit virtually all noncompete agreements in the state, which Hochul feared might act as a disincentive for business to remain in or relocate to New York, the governor vetoed the bill. She made clear, however, in a memo accompanying the veto, that she would seriously consider a bill that took a more “balanced” approach, protecting the rights of lower income employees while not driving away business. To date, no compromise has been proposed. Accordingly, under New York state law, noncompete agreements are generally valid and enforceable. Read More
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At the Romero Law Group, PLLC, we handle a wide range of legal issues for employees in Nassau and Suffolk Counties; in Brooklyn, Queens, Manhattan and the Bronx; in Westchester; and across Northern New Jersey. We offer a free initial consultation to any employee with a potential employment law dispute. To schedule an appointment, contact our offices online or call us at (631) 257-5588.