S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6819--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred 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 enacting the "trapped at
   work act"

   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 "trapped at
 work act".
   §  2.  The  labor law is amended by adding a new article 36 to read as
 follows:
                                 ARTICLE 36
                            TRAPPED AT WORK ACT
 SECTION 1050. STATEMENT OF PUBLIC POLICY.
         1051. DEFINITIONS.
         1052. SCOPE.
         1053. PROHIBITING THE USE OF  EMPLOYMENT  PROMISSORY  NOTES  AND
                 OTHER SIMILAR PROVISIONS.
         1054. ENFORCEMENT.
         1055. RULES.
         1056. SAVINGS CLAUSE.
   §  1050. STATEMENT OF PUBLIC POLICY. WORKERS' ABILITY TO FREELY CHANGE
 JOBS IS CRITICAL TO THEIR ECONOMIC LIBERTY AS  WELL  AS  TO  CREATING  A
 THRIVING  AND INNOVATIVE ECONOMY IN THE STATE OF NEW YORK. ADDITIONALLY,
 A TENET OF WORKER PROTECTIONS AND EMPOWERMENT IS THAT THE  COST  OF  ANY
 TRAINING REQUIRED BY AN EMPLOYER TO PERFORM A JOB SHOULD BE BORNE BY THE
 EMPLOYER,  WHO  ULTIMATELY  STANDS  TO  FINANCIALLY BENEFIT FROM A WELL-
 TRAINED WORKFORCE. EMPLOYMENT PROVISIONS THAT HAVE THE EFFECT OF INDEBT-
 ING WORKERS TO THEIR FORMER EMPLOYERS UPON SEPARATION FOR  THE  COST  OF
 TRAINING HAVE THE EFFECTS OF REDUCING THOSE WORKERS' PROFESSIONAL MOBIL-
 ITY,  CREATING  OBSTACLES  TOWARD  FINANCIAL  SECURITY, AND CHILLING THE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10531-02-3
              

 A. 6819--A                          2
 
 STATE ECONOMY. IT IS IN THE INTEREST OF INDIVIDUAL WORKERS  AND  OF  THE
 STATE  TO PROTECT WORKERS FROM THESE EMPLOYMENT-BASED DEBTS AND TO ALIGN
 THE COSTS OF OPERATING A BUSINESS WITH ITS FINANCIAL BENEFITS BY  ENSUR-
 ING  EMPLOYERS  MAINTAIN  EXPENSES  FOR  TRAINING THEY REQUIRE FOR THEIR
 WORKERS.
   § 1051. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
   1. "EMPLOYER" MEANS AN INDIVIDUAL,  PARTNERSHIP,  ASSOCIATION,  CORPO-
 RATION,  LIMITED  LIABILITY  COMPANY,  TRUST,  GOVERNMENT  OR GOVERNMENT
 SUBDIVISION, OR ANY ORGANIZED GROUP THAT HIRES OR CONTRACTS WITH A WORK-
 ER TO WORK FOR THE EMPLOYER. FOR THE PURPOSES OF THIS ARTICLE, THIS TERM
 SHALL ALSO INCLUDE ANY SUBSIDIARY OF AN  EMPLOYER  AND  ANY  INDIVIDUAL,
 PARTNERSHIP, ASSOCIATION, CORPORATION, LIMITED LIABILITY COMPANY, TRUST,
 GOVERNMENT  OR GOVERNMENT SUBDIVISION, OR ANY ORGANIZED GROUP ASSOCIATED
 WITH AN EMPLOYER THAT PROVIDES TRAINING TO WORKERS.
   2. "WORKER" MEANS AN INDIVIDUAL WHO IS PERMITTED TO  WORK  FOR  OR  ON
 BEHALF OF AN EMPLOYER. THE TERM "WORKER" INCLUDES AN EMPLOYEE, INDEPEND-
 ENT  CONTRACTOR,  EXTERN, INTERN, VOLUNTEER, APPRENTICE, SOLE PROPRIETOR
 WHO PROVIDES A SERVICE OR SERVICES TO AN EMPLOYER  OR  TO  A  CLIENT  OR
 CUSTOMER  OF  AN  EMPLOYER ON BEHALF OF SUCH EMPLOYER, AND AN INDIVIDUAL
 WHO PROVIDES SERVICE THROUGH A BUSINESS OR NONPROFIT ENTITY  OR  ASSOCI-
 ATION.  "WORKER"  DOES NOT INCLUDE AN INDIVIDUAL, EVEN IF THE INDIVIDUAL
 PERFORMS INCIDENTAL SERVICE FOR THE EMPLOYER,  WHOSE  SOLE  RELATIONSHIP
 WITH THE EMPLOYER IS AS A VENDOR OF GOODS.
   3.  "EMPLOYMENT  PROMISSORY  NOTE" MEANS ANY INSTRUMENT, AGREEMENT, OR
 CONTRACT PROVISION THAT REQUIRES A WORKER TO PAY THE EMPLOYER, OR HIS OR
 HER AGENT OR ASSIGNEE, A SUM OF MONEY IF THE WORKER LEAVES SUCH  EMPLOY-
 MENT  BEFORE THE PASSAGE OF A STATED PERIOD OF TIME. "EMPLOYMENT PROMIS-
 SORY  NOTE"  INCLUDES  ANY  SUCH  INSTRUMENT,  AGREEMENT,  OR   CONTRACT
 PROVISION  WHICH STATES SUCH PAYMENT OF MONEYS CONSTITUTES REIMBURSEMENT
 FOR TRAINING PROVIDED TO THE WORKER BY THE EMPLOYER OR BY A THIRD PARTY.
   § 1052. SCOPE. 1. THIS ARTICLE  SUPERSEDES  COMMON  LAW  ONLY  TO  THE
 EXTENT  THAT  IT  APPLIES TO AN EMPLOYMENT PROMISSORY NOTE BUT OTHERWISE
 DOES NOT AFFECT PRINCIPLES OF LAW AND EQUITY CONSISTENT WITH THIS  ARTI-
 CLE.
   2.  THE RIGHTS AND REMEDIES PROVIDED PURSUANT TO THIS ARTICLE SHALL BE
 IN ADDITION TO, AND SHALL NOT SUPERSEDE, ANY OTHER RIGHTS  AND  REMEDIES
 PROVIDED BY STATUTE OR COMMON LAW.
   §  1053.  PROHIBITING THE USE OF EMPLOYMENT PROMISSORY NOTES AND OTHER
 SIMILAR PROVISIONS.  1. BEGINNING ON THE EFFECTIVE DATE OF THIS ARTICLE,
 NO EMPLOYER MAY REQUIRE, AS A CONDITION OF  EMPLOYMENT,  ANY  WORKER  OR
 PROSPECTIVE  WORKER  TO  EXECUTE  AN  EMPLOYMENT  PROMISSORY  NOTE.  THE
 EXECUTION OF AN EMPLOYMENT PROMISSORY NOTE AS A CONDITION OF  EMPLOYMENT
 IS  UNCONSCIONABLE,  AGAINST  PUBLIC  POLICY, AND UNENFORCEABLE, AND ANY
 SUCH NOTE SHALL BE VOID. IF ANY SUCH NOTE IS PART OF A LARGER AGREEMENT,
 THE INVALIDITY OF SUCH NOTE SHALL NOT AFFECT  THE  OTHER  PROVISIONS  OF
 SUCH AGREEMENT.
   2. NOTHING IN THIS SECTION SHALL PROHIBIT OR RENDER VOID OR UNENFORCE-
 ABLE ANY AGREEMENT BETWEEN A WORKER AND AN EMPLOYER THAT:
   (A)  REQUIRES THE WORKER TO REPAY TO THE EMPLOYER ANY SUMS ADVANCED TO
 SUCH WORKER BY THE EMPLOYER, UNLESS SUCH  SUMS  WERE  USED  TO  PAY  FOR
 TRAINING RELATED TO THE WORKER'S EMPLOYMENT WITH THE EMPLOYER;
   (B)  REQUIRES  THE  WORKER TO PAY THE EMPLOYER FOR ANY PROPERTY IT HAS
 SOLD OR LEASED TO SUCH WORKER;
   (C) REQUIRES EDUCATIONAL PERSONNEL TO COMPLY WITH ANY TERMS OR  CONDI-
 TIONS OF SABBATICAL LEAVES GRANTED BY THEIR EMPLOYERS; OR
 A. 6819--A                          3
 
   (D) IS ENTERED INTO AS PART OF A PROGRAM AGREED TO BY THE EMPLOYER AND
 ITS WORKERS' COLLECTIVE BARGAINING REPRESENTATIVE.
   § 1054. ENFORCEMENT. 1. ANY EMPLOYER FOUND TO HAVE VIOLATED THIS ARTI-
 CLE  SHALL  BE  FINED  BY  THE  COMMISSIONER  NOT LESS THAN ONE THOUSAND
 DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH VIOLATION. EACH
 WORKER OR PROSPECTIVE WORKER WHOM AN EMPLOYER  REQUIRED  TO  EXECUTE  AN
 EMPLOYMENT  PROMISSORY NOTE OR AGAINST WHOM AN EMPLOYER SEEKS TO ENFORCE
 SUCH A NOTE SHALL CONSTITUTE A SEPARATE VIOLATION OF THIS ARTICLE.
   2. ANY WORKER OR PROSPECTIVE WORKER  FOR  WHOM  AN  EMPLOYER  REQUIRES
 EXECUTION  OF AN EMPLOYMENT PROMISSORY NOTE AS A CONDITION OF EMPLOYMENT
 OR AGAINST WHOM AN EMPLOYER SEEKS TO ENFORCE SUCH A NOTE  MAY  BRING  AN
 ACTION  AGAINST SUCH EMPLOYER TO RECOVER ACTUAL DAMAGES OR FIVE THOUSAND
 DOLLARS, WHICHEVER IS GREATER, AND INJUNCTIVE RELIEF. IN THE EVENT OF  A
 SUCCESSFUL  ACTION, THE COURT SHALL AWARD ANY PLAINTIFF REASONABLE COSTS
 AND ATTORNEY FEES.
   § 1055. RULES. THE COMMISSIONER MAY PROMULGATE RULES  AND  REGULATIONS
 NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
   § 1056. SAVINGS CLAUSE. IF ANY PORTION OF THIS ARTICLE OR THE APPLICA-
 TION  THEREOF TO ANY PERSON, OCCUPATION OR CIRCUMSTANCE IS HELD INVALID,
 THE REMAINDER OF THE ARTICLE AND THE APPLICATION OF  SUCH  PROVISION  TO
 OTHER  PERSONS,  EMPLOYEES,  OCCUPATIONS,  OR CIRCUMSTANCES SHALL NOT BE
 AFFECTED THEREBY.
   § 3. This act shall take effect immediately.