Garden leave probably won't be a thing anymore. The main reason it existed was to prevent lawsuits related to non-competes and loss of income. Basically they didn't want the non-competes challenged.
Now that that doesn't matter, they may just not offer it at all.
Or it might go the other way, where they offer you a year of salary and bonus to keep you away from competitors.
You are wrong, the proposed law bans both paid and unpaid non-competes. The point of gardening leave is that it’s mandatory and not voluntary. Making it voluntary defeats the purpose because anyone who wants their career to keep progressing is going to turn it down even if you offer to pay them.
>If enacted, the provisions of S6748 would prevent employers from entering into or maintaining non-competition agreements with workers, including independent contractors, absent a “good faith basis” to believe that a non-compete agreement is enforceable. The bill does not expand upon what constitutes a “good faith basis.”
"When you signed on, in good faith, you agreed to a 6 month paid notice period."
Now that that doesn't matter, they may just not offer it at all.
Or it might go the other way, where they offer you a year of salary and bonus to keep you away from competitors.