New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S1410

Introduced
2/10/22  

Caption

Limits certain provisions in restrictive covenants and limits enforceability of restrictive covenants.

Impact

If enacted, S1410 would set strict criteria for the enforceability of restrictive covenants. For example, these agreements would need to be clearly defined and reasonable in duration—capping the limitation on job competition to a maximum of 12 months after employment ends. Additionally, it requires that employers provide employees with written disclosure of the agreement prior to signing, and it maintains that these clauses should not impose undue burdens on employees, thereby protecting their right to seek employment without unnecessary restrictions.

Summary

Senate Bill S1410, introduced in the New Jersey Legislature, aims to impose limits on restrictive covenants that employers require employees to sign. These covenants, commonly referred to as non-compete agreements, restrict an employee's ability to work for competitors after leaving a company. The bill addresses concerns that such agreements can stifle job mobility, discourage innovation, and hinder business development within the state. By doing so, it seeks to promote a healthier job market and economic growth in New Jersey.

Contention

The bill specifically addresses the legality of no-poach agreements, which restrict employers from hiring employees from their competitors, categorizing such contracts as contrary to public policy. This aspect could ignite debate among business owners who claim these agreements protect their interests and proprietary information, while opponents argue that such restrictions limit overall job growth and worker flexibility. There may be contention regarding the balance between protecting business interests and promoting fair employment practices.

Additional_notes

The bill provides various definitions crucial to its enforcement, including who qualifies as an employer and employee, as well as specifics on what constitutes low-wage employment. Furthermore, it stipulates that employees retain the right to challenge the validity of these agreements, ensuring judicial oversight and remedy options available through civil litigation.

Companion Bills

NJ A3715

Same As Limits certain provisions in restrictive covenants and limits enforceability of restrictive covenants.

Previously Filed As

NJ A3715

Limits certain provisions in restrictive covenants and limits enforceability of restrictive covenants.

NJ SB286

Discriminatory Restrictive Covenants

NJ HB114

Ban Discriminatory Restrictive Covenants

NJ H1449

Invalid Restrictive Covenants in Health Care

NJ SB1432

Unlawful restrictive covenants; uniform act..

NJ HB2531

Unlawful restrictive covenants; uniform act

NJ S4068

Restricts use of restrictive employment covenants for physicians and nurses.

NJ HB2869

Uniform act; unlawful restrictive covenants

NJ A1819

Restricts use of restrictive employment covenants for physicians and nurses.

NJ A2003

Restricts use of restrictive employment covenants for physicians and nurses.

Similar Bills

NJ A3715

Limits certain provisions in restrictive covenants and limits enforceability of restrictive covenants.

CO HB1317

Restrictive Employment Agreements

AR HB1628

To Prohibit Covenant Not To Compete Agreements; And To Amend The Law Concerning A Covenant Not To Compete Agreement.

NJ S4386

Prohibits non-compete clauses and no-poach agreements.

IL HB3213

EMPLOYMENT-PROHIBIT COVENANTS

NJ S4385

Prohibits non-compete clauses.

NJ A5708

Prohibits non-compete clauses.

CT HB07196

An Act Concerning Limitations On The Use Of Noncompete Agreements.