Senate Bill S3258

2023-2024 Legislative Session

Relates to prohibiting certain conditions or preconditions of employment

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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-S3258 (ACTIVE) - Details

See Assembly Version of this Bill:
A856
Current Committee:
Senate Rules
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2019-2020: S3754, A5777
2021-2022: S1345, A1514

2023-S3258 (ACTIVE) - Summary

Prohibits employers from requiring certain conditions or preconditions of employment.

2023-S3258 (ACTIVE) - Sponsor Memo

2023-S3258 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3258
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the general obligations law, in relation to  prohibiting
   employers  from  requiring  certain  conditions  or  preconditions  of
   employment

   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. CONDITIONS AND PRECONDITIONS OF EMPLOYMENT.  1.  AS  USED  IN
 THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EMPLOYER" MEANS ANY PERSON, EITHER INDIVIDUAL, CORPORATION, PART-
 NERSHIP,  AGENCY,  OR  FIRM,  THAT  EMPLOYS AN EMPLOYEE AND INCLUDES ANY
 PERSON, EITHER INDIVIDUAL, CORPORATION, PARTNERSHIP,  AGENCY,  OR  FIRM,
 ACTING DIRECTLY OR INDIRECTLY IN THE INTEREST OF AN EMPLOYER IN RELATION
 TO AN EMPLOYEE; AND
   (B)  "EMPLOYEE"  MEANS ANY PERSON EMPLOYED BY OR SUFFERED OR PERMITTED
 TO WORK FOR AN EMPLOYER.
   2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  NO  EMPLOYER
 SHALL  REQUIRE  AS  A  CONDITION  OR PRECONDITION OF EMPLOYMENT THAT ANY
 EMPLOYEE OR PERSON SEEKING EMPLOYMENT  WAIVE,  ARBITRATE,  OR  OTHERWISE
 DIMINISH  ANY  EXISTING  OR FUTURE CLAIM, RIGHT, OR BENEFIT TO WHICH THE
 EMPLOYEE OR PERSON SEEKING EMPLOYMENT WOULD OTHERWISE BE ENTITLED  UNDER
 ANY PROVISION OF ANY NEW YORK STATE OR FEDERAL LAW.
   3.  THE  PROVISIONS  OF  THIS  SECTION SHALL NOT APPLY TO CONTRACTS OR
 AGREEMENTS NEGOTIATED WITH ANY LABOR UNION THROUGH  COLLECTIVE  BARGAIN-
 ING.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00706-01-3

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