New York S 9759: Prohibits non-compete agreements and certain restrictive covenants

Bill Text

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S09759 Summary:

BILL NOS09759 

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SAME ASSAME AS A10023

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SPONSORGIANARIS

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COSPNSRHARCKHAM

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MLTSPNSR

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Add §§191-d & 45, Lab L

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Prohibits non-compete agreements and certain restrictive covenants; authorizes covered individuals to bring a civil action in a court of competent jurisdiction against any employer or persons alleged to have violated such prohibition.

Go to top S09759 Actions:

BILL NOS09759 

&nbsp

04/06/2026REFERRED TO LABOR

05/05/20261ST REPORT CAL.986

05/06/20262ND REPORT CAL.

05/07/2026ADVANCED TO THIRD READING 

06/03/2026PASSED SENATE

06/03/2026DELIVERED TO ASSEMBLY

06/03/2026referred to labor

Go to topS09759 Committee&nbspVotes:

Go to topS09759 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09759 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9759

 IN SENATE

 April 6, 2026
 ___________

 Introduced by Sen. GIANARIS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Labor

 AN ACT to amend the labor law, in relation to prohibiting non-compete
 agreements and certain restrictive covenants

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The labor law is amended by adding a new section 191-d to
 2 read as follows:
 3 § 191-d. Non-compete agreements. 1. For the purposes of this section,
 4 the term:
 5 (a) "non-compete agreement" means any agreement, or clause contained
 6 in any agreement, between an employer and a covered individual that
 7 prohibits or restricts such covered individual from obtaining employ-
 8 ment, after the conclusion of employment with the employer included as a
 9 party to the agreement;
 10 (b) "covered individual" means any person other than a highly compen-
 11 sated individual who, whether or not employed under a contract of
 12 employment, performs or has performed work or services for another
 13 person on such terms and conditions that they are, in relation to that
 14 other person, in a position of economic dependence on, and under an
 15 obligation to perform duties for, that other person;
 16 (c) "highly compensated individual" means any individual who is
 17 compensated at an average annualized rate of cash compensation deter-
 18 mined by the income listed on the individual's three most recent W-2
 19 statements and, where applicable, K-1 statements, or all such statements
 20 from the duration of the individual's employment if the term of employ-
 21 ment is less than three years, equivalent to or greater than five
 22 hundred thousand dollars per year, provided that such compensation level
 23 shall be adjusted each calendar year, beginning in two thousand twenty-
 24 seven, based on the increase, if any, in the Consumer Price Index for
 25 all Urban Consumers for New York state, with the base year of two thou-
 26 sand twenty-six; and
 27 (d) "health related professional" means a physician licensed pursuant
 28 to article one hundred thirty-one of the education law, a physician

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09274-03-5

 S. 9759 2

 1 assistant licensed pursuant to article one hundred thirty-one-B of the
 2 education law, a chiropractor licensed pursuant to article one hundred
 3 thirty-two of the education law, a dentist licensed pursuant to article
 4 one hundred thirty-three of the education law, a perfusionist licensed
 5 pursuant to article one hundred thirty-four of the education law, a
 6 veterinarian licensed pursuant to article one hundred thirty-five of the
 7 education law, a physical therapist licensed pursuant to article one
 8 hundred thirty-six of the education law, a pharmacist licensed pursuant
 9 to article one hundred thirty-seven of the education law, a nurse
 10 licensed pursuant to article one hundred thirty-nine of the education
 11 law, a podiatrist licensed pursuant to article one hundred forty-one of
 12 the education law, an optometrist licensed pursuant to article one
 13 hundred forty-three of the education law, a psychologist licensed pursu-
 14 ant to article one hundred fifty-three of the education law, an occupa-
 15 tional therapist licensed