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ARTICLE · 25 SEPTEMBER 2018

New York Attorney General Issues Non-Compete Agreements FAQ

Epstein Becker & Green
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On September 19, 2018, the New York Attorney General ("NYAG") released a Frequently Asked Questions document ("FAQ") regarding non-compete agreements in New York.

United StatesEmployment and HR
Carly Baratt
Carly Baratt

On September 19, 2018, the New York Attorney General ("NYAG") released a Frequently Asked Questions document ("FAQ") regarding non-compete agreements in New York. The FAQ posits and answers the following basic questions about non-competes:

  • What is a non-compete agreement?
  • Are non-competes legal?
  • Do I have to sign a non-compete?
  • How could a non-compete affect me?
  • How do employers enforce non-competes?

In addition, the FAQ advises employees on specific steps to take before signing a non-compete, as well as actions employees can take if they signed a non-compete and are contemplating leaving their job. The FAQ concludes by emphasizing the NYAG's efforts to end overly broad non-competes for rank-and-file employees who do not have access to trade secrets or confidential information, noting several recent settlements in this space and legislation introduced by the NYAG that would prohibit non-competes for workers earning below $75,000 per year (which is

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