UPDATE: This bill was returned unsigned by the Mayor and therefore has been enacted. It will take effect on February 22, 2026.

The New York City Council has approved a bill that, if ultimately enacted, would expand the city’s Earned Safe and Sick Time Act (“ESSTA”).

As a reminder, currently under ESSTA, employers

Enacted in 2018, the Massachusetts Noncompetition Agreement Act (the “Act”) restricted employers’ use of non-competition agreements in a variety of ways, including requiring compensation during the post-employment restricted period and prohibiting enforcement against non-exempt employees or those terminated without cause.  While the Act explicitly excludes covenants not to solicit from its definition of noncompetition agreements

On September 4, 2025, the FTC announced an enforcement action and proposed settlement with Gateway Pet Memorial Services (the “Company”), a pet cremation company, over the Company’s overuse of post-employment non-competes with certain terms it found concerning.  At nearly the same time, the FTC withdrew its appeals pending in the Fifth and Eleventh Circuits of