S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1424
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by M. of A. ROZIC, WALLACE, STIRPE, LUPARDO, SIMON, DINOWITZ
   -- Multi-Sponsored by -- M. of A. HEVESI -- read once and referred  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.  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-
 FIVE OF THE CIVIL PRACTICE LAW AND RULES OR THE AMOUNT OF  ANY  MONETARY
 CONSIDERATION PROVIDED IN A SETTLEMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00437-01-3
              

 A. 1424                             2
 
   3. 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.
   4. 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
 ENTER INTO AN AGREEMENT OR CONTRACT THAT CONTAINS A WAIVER DEEMED UNCON-
 SCIONABLE, VOID OR UNENFORCEABLE UNDER THIS SECTION.
   5. A PERSON AGGRIEVED OF A VIOLATION OF THIS SECTION MAY, WITHIN THREE
 YEARS AFTER THE VIOLATION, INSTITUTE AND PROSECUTE IN SUCH PERSON'S  OWN
 NAME  AND ON SUCH PERSON'S OWN BEHALF A CIVIL ACTION FOR TORTS REMEDIES,
 INJUNCTIVE RELIEF, AND THE COSTS OF LITIGATION AND REASONABLE ATTORNEY'S
 FEES. THE RIGHTS AND REMEDIES CONTAINED IN THIS  SECTION  SHALL  NOT  BE
 EXCLUSIVE  AND SHALL NOT PREEMPT OTHER PROCEDURES AND REMEDIES AVAILABLE
 UNDER OTHER APPLICABLE LAWS.
   § 2. Severability clause.  If any clause, sentence, paragraph,  subdi-
 vision,  section  or  part of this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately and  shall  apply  to  all
 contracts  entered  into,  renewed, modified or amended on or after such
 date.