Assembly Bill A306

2023-2024 Legislative Session

Relates to the resolution of certain claims by certain employees

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Current Bill Status - In Assembly 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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2023-A306 (ACTIVE) - Details

See Senate Version of this Bill:
S14
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9993, S7819
2021-2022: A2079, S766

2023-A306 (ACTIVE) - Summary

Makes the release of any claim by an employee, or independent contractor who is a natural person, against an employer, unenforceable if, as a condition of such resolution, the employee or independent contractor is prohibited from applying for, accepting, or engaging in future employment with such employer, or any entity or entities related to such employer.

2023-A306 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    306
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CRUZ, L. ROSENTHAL, SIMON, EPSTEIN, MAMDANI,
   BICHOTTE HERMELYN, FAHY, GONZALEZ-ROJAS, SEAWRIGHT,  DINOWITZ,  PAULIN
   -- read once and referred to the Committee on Judiciary
 
 AN  ACT to amend the general obligations law, in relation to the release
   of certain claims by certain employees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  obligations  law is amended by adding a new
 section 5-338 to read as follows:
   § 5-338. RELEASE OF CERTAIN EMPLOYEE CLAIMS.  1. FOR PURPOSES OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "EMPLOYER" SHALL MEAN ALL PUBLIC AND PRIVATE EMPLOYERS WITHIN THE
 STATE.
   (B) "EMPLOYEE" SHALL MEAN ALL PUBLIC AND PRIVATE EMPLOYEES WITHIN  THE
 STATE.
   2.  NO  RELEASE OF ANY CLAIM BY AN EMPLOYEE, OR INDEPENDENT CONTRACTOR
 WHO IS A NATURAL PERSON, AGAINST AN EMPLOYER, IS ENFORCEABLE IF, AS PART
 OF THE AGREEMENT RESOLVING  SUCH  CLAIM,  THE  EMPLOYEE  OR  INDEPENDENT
 CONTRACTOR  IS  PROHIBITED  FROM APPLYING FOR, ACCEPTING, OR ENGAGING IN
 FUTURE EMPLOYMENT WITH SUCH EMPLOYER, OR ANY ENTITY OR ENTITIES  RELATED
 TO  SUCH  EMPLOYER. THE PROVISIONS OF THIS SECTION SHALL NOT PRECLUDE AN
 EMPLOYEE AND EMPLOYER FROM AGREEING TO TERMINATE AN EXISTING  EMPLOYMENT
 RELATIONSHIP  AS  PART  OF  A SETTLEMENT OF A CLAIM.   IF A RELEASE OF A
 CLAIM IS RENDERED UNENFORCEABLE PURSUANT TO THIS SECTION,  THE  EMPLOYER
 SHALL  REMAIN BOUND BY ALL OTHER PROVISIONS OF THE SETTLEMENT AGREEMENT,
 INCLUDING THE OBLIGATION  TO  PROVIDE  THE  FULL  CONSIDERATION  TO  THE
 EMPLOYEE AS SET FORTH IN THE AGREEMENT.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall apply to all agreements entered into on  and
 after such date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01493-01-3

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