In a Newsday.com article about the proposed FTC rule banning non-competes, Golenbock partner Preston Ricardo gave his views on the background, value and importance of non-compete agreements, calling the proposal a “very significant and meaningful proposed change to the laws governing employee mobility.” He said 47 states plus Washington D.C. have statutes governing the enforceability of noncompete agreements. While New York doesn’t, state courts have developed a “body of law” over time to provide guidance in this area.
Still, “none of the states including New York have bright-line rules,” and that creates uncertainty for employers and employees, he says. In New York, enforceability is reviewed by courts on a case-by-case basis and ultimately comes down to a “test of reasonableness,” Ricardo said.
Read the full article (subscription required): https://www.newsday.com/business/columnists/jamie-herzlich/noncompete-clauses-ftc-employers-apxnldvn