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Re:New York State Senate passes prohibitions on non-competes by pc86 on Wednesday June 14, 2023 @02:09PM (#36330036)
That's not how non-competes work.
Re:New York State Senate passes prohibitions on non-competes by blerud on Wednesday June 14, 2023 @02:16PM (#36330142)
It is at many HFT firms, including mine. You will be paid your base salary for some number of months to not work at a competitor, even if you don't have a signed offer for a competitor and just want to sit around
Re:New York State Senate passes prohibitions on non-competes by chimeracoder on Wednesday June 14, 2023 @02:20PM (#36330219)
> It is at many HFT firms, including mine. You will be paid your base salary for some number of months to not work at a competitor, even if you don't have a signed offer for a competitor and just want to sit around

That's called "garden leave" and it's completely different from non-compete agreements as discussed by this bill.

Re:New York State Senate passes prohibitions on non-competes by pclmulqdq on Wednesday June 14, 2023 @02:31PM (#36330431)
"Garden leave" wasn't a common term when I was in HFT in NYC. It was just called a "non-compete" (possibly confusingly).
Re:New York State Senate passes prohibitions on non-competes by ghaff on Wednesday June 14, 2023 @02:37PM (#36330523)
Garden leave is just a (usually?) legal (or at least contractual) requirement associated with non-compete agreements in some jurisdictions. Unsurprisingly, it was originally a British term.
Re:New York State Senate passes prohibitions on non-competes by pclmulqdq on Wednesday June 14, 2023 @03:07PM (#36330969)
Personally, the only time I ever heard it was from the mouths of British recruiters.
Re:New York State Senate passes prohibitions on non-competes by chimeracoder on Wednesday June 14, 2023 @02:44PM (#36330624)
> "Garden leave" wasn't a common term when I was in HFT in NYC. It was just called a "non-compete" (possibly confusingly).

The terms are used somewhat interchangeably in colloquial use, because (at least as of now) the distinction isn't meaningful for most people. The point is that garden leave isn't targeted by this bill.

Re:New York State Senate passes prohibitions on non-competes by frankc on Wednesday June 14, 2023 @04:22PM (#36332042)
I don't think that is true, or at least I have not seen that anywhere. My understanding is this bill removes any kind of non-competes. It was already basically unenforcible to have an unpaid non-compete in New York (through common law)
Re:New York State Senate passes prohibitions on non-competes by chimeracoder on Wednesday June 14, 2023 @05:36PM (#36333089)
> It was already basically unenforcible to have an unpaid non-compete in New York (through common law)

That is not true - there are four criteria for non-competes to be valid in NY, and payment for the duration is not one of them.

> I don't think that is true, or at least I have not seen that anywhere. My understanding is this bill removes any kind of non-competes.

There are two bills - one of them requires payment for noncompetes.

Re:New York State Senate passes prohibitions on non-competes by delfinom on Wednesday June 14, 2023 @04:33PM (#36332199)
The first bill outlaws all non-competes and garden leave would fall under it. The most they could do is offer it as a form of severance where you get to sit on your butt for 6 months conditionally.

The second bill would allow for garden leave aka compensated non-competes. It just codifies the "don't try any non-compensated/good faith aspect".

Re:New York State Senate passes prohibitions on non-competes by masklinn on Wednesday June 14, 2023 @02:46PM (#36330667)
A garden leave is a form of compensated non-compete. The entire point is that you’re paying a former employee to not compete (in this case to literally not work).
Re:New York State Senate passes prohibitions on non-competes by bshipp on Wednesday June 14, 2023 @02:17PM (#36330168)
If companies actually paid employees not to compete they would be able to keep them. Correct me if I'm wrong, but--at least where I live--non-competes lack legal authority (even before they were outlawed) because most companies don't provide compensation for limiting an ex-employee's ability to make a living in their field in the future.

So, it's conceivable that an ex-employee could receive 6 months severance in trade for a non-compete of that length, but I doubt it's very popular.

Re:New York State Senate passes prohibitions on non-competes by slymon99 on Wednesday June 14, 2023 @02:41PM (#36330582)
> If companies actually paid employees not to compete they would be able to keep them

Why is this true? If someone is making $200k and leaving to make $350k, an employer may well be able to afford the $100k for 6 months to prevent them from immediately handing over IP, but not be able to match the $350k their new employer is offering.

> So, it's conceivable that an ex-employee could receive 6 months severance in trade for a non-compete of that length, but I doubt it's very popular.

It's quite popular in finance. Also, it's not a one time severance, its paid as a standard paycheck. A firm might "release" someone from their non compete while it is still active (basically saying it's no longer active and we are no longer paying you).

Re:New York State Senate passes prohibitions on non-competes by ghaff on Wednesday June 14, 2023 @03:36PM (#36331387)
And there are a ton of other reasons people change companies as well.

>an employer may well be able to afford the $100k for 6 months to prevent them from immediately handing over IP

Presumably there are other restrictions to just handing over IP but at least some of the reasoning for non-competes is that you can't really restrict the transfer of a lot of know-how even if they don't share corporate strategy decks.

Re:New York State Senate passes prohibitions on non-competes by bshipp on Wednesday June 14, 2023 @04:01PM (#36331751)
> Why is this true? If someone is making $200k and leaving to make $350k, an employer may well be able to afford the $100k for 6 months to prevent them from immediately handing over IP, but not be able to match the $350k their new employer is offering.

Sorry, I worded that poorly. I meant companies could keep the ability to impose non-competes if they originally compensated employees who were let go.

I know it gets muddled when it comes to employees moving around for increased pay, but non-competes aren't supposed to be a mechanism for holding down salaries. They're only intended to protect vital corporate secrets that, if they were released, would be so costly to the company that they'd risk bankruptcy. The value of those secrets would likely be enough that many competitors would be hesitant to hire those employees because they might fear opening themselves up to future litigation for patent infringement or IP or whatnot.

The fact that many HR departments apply them to every single rank and file employee and don't explicitly define what constitutes a direct competitor or what explicit activities/information are protected by the NC is why they're a pretty useless legal tool in most circumstances.

Re:New York State Senate passes prohibitions on non-competes by mywittyname on Wednesday June 14, 2023 @02:39PM (#36330558)
If a company wants to actually enforce a non-compete, then it can't be one-sided.
Re:New York State Senate passes prohibitions on non-competes by d_watt on Wednesday June 14, 2023 @02:18PM (#36330188)
Re:New York State Senate passes prohibitions on non-competes by cbg0 on Wednesday June 14, 2023 @02:11PM (#36330070)
It is in Europe.