Senate Bill S6382A

2017-2018 Legislative Session

Relates to prohibiting contract provisions that waive certain substantive and procedural rights

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2017-S6382 - Details

See Assembly Version of this Bill:
A8765
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §211-b, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4388
2019-2020: S3294, A626
2021-2022: S724, A398
2023-2024: S3298, A1424

2017-S6382 - Summary

Relates to prohibiting contract provisions that waive certain substantive and procedural rights.

2017-S6382 - Sponsor Memo

2017-S6382 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6382
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to contract provisions  waiv-
   ing certain substantive and procedural rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "the non-waiva-
 ble employee rights act".
   § 2. The labor law is amended by adding a new section 211-b to read as
 follows:
   § 211-B. CONTRACTS; CERTAIN PROVISIONS PROHIBITED. 1. A  PROVISION  IN
 ANY  CONTRACT  WAIVING  ANY  SUBSTANTIVE  OR  PROCEDURAL RIGHT OR REMEDY
 RELATING TO A CLAIM OF DISCRIMINATION, NON-PAYMENT OF WAGES OR BENEFITS,
 RETALIATION, HARASSMENT OR VIOLATION  OF  PUBLIC  POLICY  IN  EMPLOYMENT
 SHALL  BE DEEMED UNCONSCIONABLE, VOID AND UNENFORCEABLE, WITH RESPECT TO
 ANY SUCH CLAIM ARISING AFTER THE WAIVER IS  MADE.  NO  RIGHT  OR  REMEDY
 ARISING  UNDER  THIS  SECTION,  THIS  CHAPTER,  COMMON  LAW,  ANY  OTHER
 PROVISION OF LAW OR RULE OF PROCEDURE OR THE CONSTITUTION SHALL BE PROS-
 PECTIVELY WAIVED. THIS SECTION SHALL NOT RENDER  VOID  OR  UNENFORCEABLE
 THE  REMAINDER  OF  THE  CONTRACT OR AGREEMENT.   THE PROVISIONS OF THIS
 SUBDIVISION SHALL NOT APPLY TO THE TERMS OF  ANY  COLLECTIVE  BARGAINING
 AGREEMENT  BETWEEN  AN  EMPLOYER AND THE BONA FIDE COLLECTIVE BARGAINING
 REPRESENTATIVE OF THAT EMPLOYER'S EMPLOYEES.
   2. WHOEVER ENFORCES OR ATTEMPTS TO ENFORCE A WAIVER DEEMED UNCONSCION-
 ABLE, VOID OR UNENFORCEABLE UNDER  THIS  SECTION  SHALL  BE  LIABLE  FOR
 REASONABLE ATTORNEY'S FEES AND COSTS.
   3. NO PERSON OR EMPLOYER SHALL TAKE ANY RETALIATORY ACTION, INCLUDING,
 BUT  NOT  LIMITED  TO, FAILURE TO HIRE, DISCHARGE, SUSPENSION, DEMOTION,
 DISCRIMINATION IN THE TERMS, CONDITIONS OR PRIVILEGES OF EMPLOYMENT,  OR
 OTHER  ADVERSE  ACTION,  AGAINST  A  PERSON, BECAUSE THE PERSON DOES NOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04377-02-7
              

co-Sponsors

2017-S6382A (ACTIVE) - Details

See Assembly Version of this Bill:
A8765
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §211-b, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4388
2019-2020: S3294, A626
2021-2022: S724, A398
2023-2024: S3298, A1424

2017-S6382A (ACTIVE) - Summary

Relates to prohibiting contract provisions that waive certain substantive and procedural rights.

2017-S6382A (ACTIVE) - Sponsor Memo

2017-S6382A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6382--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Labor  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the labor law, in relation to contract provisions waiv-
   ing certain substantive and procedural rights

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 211-b to
 read as follows:
   § 211-B. CONTRACTS; CERTAIN PROVISIONS PROHIBITED. 1. A  PROVISION  IN
 ANY  CONTRACT  WAIVING  ANY  SUBSTANTIVE  OR  PROCEDURAL RIGHT OR REMEDY
 RELATING TO A CLAIM OF DISCRIMINATION, NON-PAYMENT OF WAGES OR BENEFITS,
 RETALIATION, HARASSMENT OR VIOLATION  OF  PUBLIC  POLICY  IN  EMPLOYMENT
 SHALL  BE DEEMED UNCONSCIONABLE, VOID AND UNENFORCEABLE, WITH RESPECT TO
 ANY SUCH CLAIM ARISING AFTER THE WAIVER IS  MADE.  NO  RIGHT  OR  REMEDY
 ARISING  UNDER  THIS  SECTION,  THIS  CHAPTER,  COMMON  LAW,  ANY  OTHER
 PROVISION OF LAW OR RULE OF PROCEDURE OR THE CONSTITUTION SHALL BE PROS-
 PECTIVELY WAIVED. THIS SECTION SHALL NOT RENDER  VOID  OR  UNENFORCEABLE
 THE  REMAINDER  OF  THE  CONTRACT OR AGREEMENT.   THE PROVISIONS OF THIS
 SUBDIVISION SHALL NOT APPLY TO THE TERMS OF  ANY  COLLECTIVE  BARGAINING
 AGREEMENT  BETWEEN  AN  EMPLOYER AND THE BONA FIDE COLLECTIVE BARGAINING
 REPRESENTATIVE OF THAT EMPLOYER'S EMPLOYEES.
   2.  A PROVISION IN ANY CONTRACT OR AGREEMENT WHICH HAS THE PURPOSE  OR
 EFFECT  OF CONCEALING THE DETAILS RELATING TO A CLAIM OF DISCRIMINATION,
 NON-PAYMENT OF WAGES OR BENEFITS, RETALIATION, HARASSMENT  OR  VIOLATION
 OF  PUBLIC  POLICY IN EMPLOYMENT, INCLUDING CLAIMS THAT ARE SUBMITTED TO
 ARBITRATION, SHALL BE DEEMED UNCONSCIONABLE, VOID AND UNENFORCEABLE. THE
 PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE TERMS  AND  CONDI-
 TIONS  OF  AN AWARD ISSUED BY AN ARBITRATOR PURSUANT TO ARTICLE SEVENTY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04377-05-7
              

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