Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

State and Local Government Law

Brooklyn Journal of Corporate, Financial & Commercial Law

Journal

2018

New York; New York City; NY; NYC; Noncompetion Agreement; Noncompete; Proposed Legislation; Fair Employment; Restrictive Covenant; Employement; Employment Agreements; Contracts; Contract Law;

Articles 1 - 1 of 1

Full-Text Articles in Law

Competing With Noncompetes: Increasing Restrictions On The Use Of Employment Noncompetition Agreements In New York, Michael A. E. Neville Oct 2018

Competing With Noncompetes: Increasing Restrictions On The Use Of Employment Noncompetition Agreements In New York, Michael A. E. Neville

Brooklyn Journal of Corporate, Financial & Commercial Law

The New York City Council and the former New York State Attorney General recently proposed legislation restricting the use of noncompetition agreements by employers with low-wage employees. While this proposed legislation demonstrates a step following other progressive states that have already restricted the use of noncompetition agreements, recent federal litigation has revealed the loopholes that New York employers may unfairly utilize, such as garden leave provisions, if restrictions are not placed on both employers of low-wage and high-wage employees. This Note recommends that pending legislation be passed only after a thorough revision that focuses on both low-wage and high-wage employees …