Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to labor |
Oct 30, 2017 |
print number 6382a |
Oct 30, 2017 |
amend and recommit to labor |
May 11, 2017 |
referred to labor |
Senate Bill S6382A
2017-2018 Legislative Session
Sponsored By
(D, WF) 47th Senate District
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
Actions
Bill Amendments
2017-S6382 - Details
2017-S6382 - Sponsor Memo
BILL NUMBER: S6382 TITLE OF BILL : An act to amend the labor law, in relation to contract provisions waiving certain substantive and procedural rights PURPOSE : This bill would prevent the enforcement of certain employee contract provisions that would waive procedural rights or remedies. SUMMARY OF PROVISIONS : Section 1 of the bill establishes the title of the bill as "the Non-Waivable Employee Rights Act." Section 2 of the bill adds a new section 211-b to the labor law providing that contract provisions that waive a procedural right or remedy relating to a claim of discrimination, non-payment of wages or benefits, retaliation, harassment or violation of public policy shall be deemed unconscionable, void and unenforceable. Prohibits retaliatory action from the employer for failure by employee to enter into such contract. Section 3 of the bill sets the effective date. JUSTIFICATION :
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
(D) Senate District
(D, WF) 28th Senate District
(D) 11th Senate District
2017-S6382A (ACTIVE) - Details
2017-S6382A (ACTIVE) - Sponsor Memo
BILL NUMBER: S6382A SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the labor law, in relation to contract provisions waiv- ing certain substantive and procedural rights PURPOSE: This bill would prevent the enforcement of certain employee contract provisions that conceal certain details or waive procedural rights or remedies. SUMMARY OF PROVISIONS: Section 1 of the bill adds a new section 211-b to the labor law. Subdivision 1 of section 211-b provides that contract provisions which waive a procedural right or remedy related to a claim of discrimination, nonpayment of wages or benefits, retaliation, harassment or violation of
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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