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  • Stagg Wabnik

Gov. Hochul Vetoes Legislative Ban on Non-Competes in New York. Negotiations Continue on How to Move Forward




In a move that has drawn the attention of the business and legal communities, New York Governor Kathy Hochul recently vetoed Bill S3100A. This proposed law would have implemented a sweeping ban on non-compete agreements in the state. This decision comes amidst a broader national conversation about the balance between protecting business interests and ensuring fair labor practices.


Understanding Non-Compete Agreements


A non-compete agreement is a contract between an employer and an employee where the employee agrees not to compete with the employer during or after employment. These agreements protect businesses from the risk of former employees using proprietary knowledge, trade secrets, or sensitive information in a competing business or role. However, they also raise concerns about restricting worker mobility and fairness, especially for lower-wage employees.


The Veto Decision


Governor Kathy Hochul recently vetoed Bill S3100A, which aimed to ban all post-employment noncompetition agreements in New York State. This decision keeps New York from becoming the fifth state to legislate such a ban, despite a nationwide trend towards limiting the use of non-competes. The veto comes after intense speculation and lobbying. Governor Hochul supported banning non-compete agreements for low and middle-income employees but hesitated over a blanket prohibition covering highly compensated professionals and executives.


The Controversy Around Bill S3100A


The proposed legislation, S3100A, faced criticism for its broad approach. It called for a total ban on all non-compete agreements, without regard to the employee's level or context, and lacked nuanced limitations like a salary minimum or compensation threshold above which non-compete agreements could be used. The absence of carve-outs for agreements tied to the sale of a business or incentive compensation forfeiture was also a point of contention. This lack of specificity in the bill's language raised concerns about its potential impact on business valuations and employee compensation plans.


Governor Hochul's Stance


Governor Hochul's veto was based on the belief that the bill's "one-size-fits-all approach" did not align with New York's diverse economic climate and industries. She emphasized the need to protect middle-class and low-wage earners while allowing businesses to retain highly compensated talent. Despite efforts to reach a compromise, such as a proposed amendment to exempt employees earning above a certain salary threshold, no agreement was reached.


Looking Ahead


The veto does not end the conversation around non-compete legislation in New York. Discussions and negotiations will continue, and the Governor has not ruled out introducing her own proposal. Meanwhile, the Federal Trade Commission and other states continue to evaluate and implement their own rules regarding non-compete agreements.


Governor Hochul's veto of the non-compete ban in New York highlights the complexity of balancing employee rights with business interests. As the debate continues, legislative and executive efforts will be crucial in shaping the future of non-compete agreements in New York and beyond.


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