Clock Is Ticking On New York's Non-Compete-Ban Bill

While many in the antitrust community have been focused on the FTC's proposed ban of non-competes, the states also have been active in this area. Earlier this year, the New York legislature passed a broad non-compete ban, which has been awaiting Governor Hochul's approval for several months. Governor Hochul had expressed support for a non-compete ban applicable to workers who earn below the state median wage. But the bill awaiting her approval is not so limited.

The Governor has until the end of the year to approve the bill or not. Or the bill may be sent back to the legislature with chapter amendments, as suggested by the article linked below. It would not be surprising if the Governor tries to narrow the scope of the ban, e.g. to cover only workers who earn below the state median wage and possibly to include an M&A exception (about which more below). Time will tell.