Non-Compete Agreements That Are Built to Hold Up in Court
A non-compete agreement that can't survive a legal challenge doesn't protect your business. We draft non-compete agreements for Long Island employers with New York's enforceability standard in mind from the first clause to the last.
Why New York Employers Need an Attorney to Draft Non-Competes
New York courts don't automatically enforce non-compete agreements. They apply a reasonableness standard — evaluating whether the agreement is appropriately limited in scope, duration, and geographic reach, and whether it protects a legitimate business interest. An agreement that overreaches on any of those dimensions is likely to be thrown out, leaving you with no protection at all.
New York is also one of the more restrictive states in the country when it comes to non-compete enforcement. That makes precise, attorney-guided drafting more important here than in most other jurisdictions. A template or a clause carried over from another state's agreement is a liability, not a safeguard.
Our attorneys draft non-compete agreements for Long Island employers that are specific enough to protect what matters — your client relationships, your trade secrets, and the investment you've made in your people — while staying within the boundaries New York courts will respect.
What New York Courts Look for When Evaluating a Non-Compete
To be enforceable in New York, a non-compete agreement must satisfy a multi-factor reasonableness test. Courts look at whether the restriction is no greater than necessary to protect a legitimate business interest, and whether it imposes an undue hardship on the employee. They also consider whether the agreement harms the public.
In practical terms, that means courts scrutinize:
- Geographic scope — restrictions must correspond to the actual territory where the employee had client contact or access to sensitive business information
- Duration — courts typically look more favorably on restrictions of one to two years; longer terms require stronger justification
- Activity restrictions — the prohibited conduct must be tied to the employee's actual role, not written as a blanket ban on working in an industry
- Legitimate business interest — the agreement must protect something real: customer relationships, trade secrets, or specialized training the employer provided
An agreement that fails any one of these tests can be invalidated in full. We draft with all four in mind.
What the FTC's Non-Compete Rule Means for New York Employers
In 2024, the Federal Trade Commission issued a rule that would have banned most non-compete agreements nationwide. A federal court set that rule aside in August 2024, and the FTC dropped its appeal in September 2025, leaving the rule without legal effect. As of now, no federal ban on non-competes is in force.
The FTC has indicated it intends to pursue non-compete enforcement on a case-by-case basis going forward. That approach may evolve, and the regulatory landscape at the federal level bears watching.
For New York employers, the practical consequence is straightforward: non-compete enforceability continues to be governed by New York State law and the courts' reasonableness standard. Federal developments do not change that analysis today, but they are a reason to ensure your agreements are reviewed and updated regularly. We monitor both state and federal developments so our clients aren't caught off guard by a shift in the law.
What a Well-Drafted Non-Compete Agreement Should Cover
Non-compete agreements are not one-size-fits-all documents. The protections an employer needs depend on the employee's role, the nature of the business, and the specific risks a departure creates. We draft agreements that address the issues relevant to your situation, which typically include:
Customer and Client Non-Solicitation
The most common legitimate business interest in a non-compete is the employer's client relationships. We draft non-solicitation provisions that prohibit departing employees from targeting the clients they worked with — without overreaching into a blanket restriction that courts are likely to reject.
Trade Secret and Confidential Information Protection
If an employee had access to pricing structures, proprietary processes, vendor relationships, or other confidential business information, your agreement should address that directly. We pair non-compete clauses with confidentiality provisions that give you enforceable protection over the information that drives your business.
Activity and Industry Restrictions
Restricting an employee from working for a competitor is the core of most non-compete agreements — and the provision courts scrutinize most closely. We tailor activity restrictions to the employee's actual role and the geographic markets where your business operates, keeping the restriction defensible without leaving meaningful gaps.
Non-Solicitation of Employees
Losing a key employee to a competitor is damaging enough. Losing that employee and several colleagues at the same time is worse. We draft non-solicitation of employees provisions that address the risk of a departing team member recruiting your staff on their way out.
When to Review or Update an Existing Non-Compete
Employment law in New York doesn't stand still, and a non-compete drafted several years ago may not reflect the current legal landscape. Courts refine their interpretation of the reasonableness standard over time, and legislative activity at both the state and federal level can shift what's enforceable. If your existing agreements haven't been reviewed recently, there's a reasonable chance they have gaps you're not aware of.
We review existing non-compete agreements for Long Island employers and identify provisions that are likely to create problems — whether that's a geographic scope that's too broad, a duration that courts are unlikely to uphold, or language that doesn't map to the employee's actual role. Where an agreement needs to be updated, we revise it to meet current standards without starting from scratch where the existing language is sound.
Non-Compete Agreement Questions from Long Island Employers
Are non-compete agreements enforceable in New York?
Yes, but New York courts apply a reasonableness standard rather than enforcing them automatically. To hold up, a non-compete must be limited in geographic scope, duration, and the activities it restricts, and it must protect a legitimate business interest such as client relationships, trade secrets, or specialized training. Agreements that overreach on any of these factors are subject to being invalidated.What makes a non-compete unreasonable in New York?
Courts most commonly find non-competes unreasonable when the geographic scope extends well beyond where the employee actually worked with clients, when the duration is longer than necessary to protect the employer's interest, or when the activity restriction is written so broadly that it effectively bars the employee from working in their field. An agreement doesn't have to fail on all three counts — a problem with any one factor can be enough to defeat enforcement.Can I require all employees to sign a non-compete?
You can ask any employee to sign a non-compete, but courts are more likely to enforce them for employees who had genuine access to confidential information, client relationships, or specialized training the employer provided. Applying a non-compete broadly to employees who have no meaningful access to protectable business interests creates agreements that are harder to enforce and may not be worth the friction they create.What is the FTC's current position on non-competes?
The FTC issued a rule in 2024 that would have banned most non-competes, but a federal court set it aside in August 2024, and the FTC dropped its appeal in September 2025. No federal ban is currently in effect. The FTC has stated it will pursue non-compete enforcement on a case-by-case basis going forward. For New York employers, enforceability continues to be determined under New York State law.What's the difference between a non-compete and a non-solicitation agreement?
A non-compete restricts a former employee from working for a competitor or starting a competing business within a defined area and time period. A non-solicitation agreement is narrower — it prohibits the former employee from soliciting your clients or your employees, without necessarily restricting where they can work. Non-solicitation agreements are generally easier to enforce in New York and are often a more practical tool for businesses whose primary concern is protecting client relationships rather than preventing all competitive activity.
Work Directly with the Attorney Handling Your Matter
When you work with Barton & Bruechert, you work directly with the attorney handling your matter — not a paralegal or a junior associate relaying information. Our practice is focused exclusively on business law, which means the attorney advising you on your non-compete agreements understands the broader employment and corporate context those agreements operate in.
We serve employers throughout Long Island, including businesses in Suffolk County and Nassau County, from our office in Amityville, NY. If your workforce or client relationships extend into New York City, we handle that work as well.
