Will 2025 Be the Year New York Finally Regulates Noncompete Agreements?

In an article for the New York Law Journal, labor and employment partners Joseph O’Keefe and Matthew Fontana discused New York's noncompete agreements, specifically S3100-A, "a bill that sought to outlaw noncompetes for virtually all workers."

As the 2025 legislative session unfolds, the authors note that NY legislators will likely focus on defining the final scope of a new noncompete law, ironing out enforcement mechanisms, and clarifying carve-outs for specific groups and industries. The combination of Governor Kathy Hochul’s 2023 veto and the more modest restrictions in both A1361 and S4641-A suggests that New York is unlikely to adopt a blanket prohibition -- yet these proposals align with a broader nationwide pattern of heightened scrutiny on post-employment restrictions.

The authors ended the article by emphasizing that employers should closely monitor these developments and be prepared to align their practices with whichever path emerges -- one that both recognizes economic realities and bolsters worker mobility.