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