In New York state, both houses of the Legislature have passed S.3100A/A.1278-B, which would add a new section 191-d to the Labor Law prohibiting “non-compete agreements and certain restrictive covenants.” The bill awaits the Governor’s signature. Thus, whether, and to what extent, restrictive covenants in the employment context will continue to be enforceable in New York, is, as of June 23, 2023, an open question.

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