S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4424
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2025
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law and the  executive  law,  in  relation  to
   enacting the "anti-waiver of employment rights act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "anti-waiver of employment rights act".
   §  2.  Legislative  findings  and intent. 1. The legislature finds and
 declares that it has always been its intention that the rights  provided
 under the labor law and the human rights law be mandatory and non-waiva-
 ble  through  private  agreement.  The  legislature  further  finds  and
 declares that it is the policy of this state that workers  be  permitted
 to enforce these rights collectively, including through article 9 of the
 civil  practice  law  and  rules. However, some courts have misconstrued
 these statutes as permitting waivers of these statutory rights.
   2. In light of these erroneous decisions, some  employers  have  taken
 advantage  of  these decisions to require employees to sign waivers that
 purport to contractually shorten their statute of limitations for bring-
 ing claims under the labor law or human rights law, or that  purport  to
 waive other rights that employees have under the labor law and the human
 rights  law,  as  well  as procedural mechanisms to enforce those rights
 collectively, such as article 9 of the civil  practice  law  and  rules.
 Such  purported  waivers  have  always  been  and continue to be against
 public policy.
   § 3. The labor law is amended by adding a new section 219-e to read as
 follows:
   § 219-E. WAIVER AGREEMENTS  VOID.  1.  WAIVERS  VOID.  NO  EXPRESS  OR
 IMPLIED  CONTRACTUAL PROVISION WAIVING OR OTHERWISE LIMITING ANY EMPLOY-
 EE'S SUBSTANTIVE OR  PROCEDURAL  RIGHTS,  REMEDIES,  OR  CLAIM,  WHETHER
 ASSERTED  OR  UNASSERTED  AND  WHETHER  LEGALLY  COGNIZABLE  OR  NOT, IN

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05321-01-5
              

 S. 4424                             2
 
 CONNECTION WITH THIS CHAPTER OR UNDER ANY EMPLOYMENT AGREEMENT SHALL  BE
 VALID.  EXCEPTIONS TO THIS SUBDIVISION SHALL EXIST FOR SUCH WAIVERS THAT
 MAY BE MUTUALLY AGREED TO AND INCLUDED IN: (A)  THE  SETTLEMENT  OF  ANY
 GOOD FAITH BONA FIDE DISPUTE IN WHICH AN EMPLOYEE RAISES A CLAIM AGAINST
 THEIR EMPLOYER; OR
   (B)  AN  AGREEMENT  ENTERED  UPON  OR  FOLLOWING THE TERMINATION OF AN
 EMPLOYEE'S EMPLOYMENT. THE PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT
 APPLY WHERE APPLICATION OF SUCH PROVISIONS WOULD BE PREEMPTED BY FEDERAL
 LAW.
   2.  SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR SUBDIVISION OF
 THIS SECTION 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  OR  SUBDIVISION  THEREOF  DIRECTLY INVOLVED IN THE
 CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED. IT IS HERE-
 BY DECLARED TO BE THE INTENT OF THE LEGISLATURE THAT THIS SECTION  WOULD
 HAVE  BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT BEEN INCLUDED
 HEREIN.
   3. EXISTING RIGHTS. NOTHING IN THIS SECTION SHALL BE DEEMED TO  DIMIN-
 ISH  THE RIGHTS, PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY OTHER
 LAW OR REGULATION  OR  UNDER  ANY  COLLECTIVE  BARGAINING  AGREEMENT  OR
 EMPLOYMENT CONTRACT.
   §  4. The executive law is amended by adding a new section 302 to read
 as follows:
   § 302. WAIVER AGREEMENT VOID. 1. WAIVERS VOID. NO EXPRESS  OR  IMPLIED
 CONTRACTUAL  PROVISION  WAIVING  OR  OTHERWISE  LIMITING  ANY EMPLOYEE'S
 SUBSTANTIVE OR PROCEDURAL RIGHTS, REMEDIES, OR CLAIM,  WHETHER  ASSERTED
 OR  UNASSERTED AND WHETHER LEGALLY COGNIZABLE OR NOT, IN CONNECTION WITH
 THIS  ARTICLE  OR  UNDER  ANY  EMPLOYMENT  AGREEMENT  SHALL  BE   VALID.
 EXCEPTIONS  TO THIS SUBDIVISION SHALL EXIST FOR SUCH WAIVERS THAT MAY BE
 MUTUALLY AGREED TO AND INCLUDED IN: (A) THE SETTLEMENT OF ANY GOOD FAITH
 BONA FIDE DISPUTE IN WHICH AN EMPLOYEE  RAISES  A  CLAIM  AGAINST  THEIR
 EMPLOYER; OR
   (B)  AN  AGREEMENT  ENTERED  UPON  OR  FOLLOWING THE TERMINATION OF AN
 EMPLOYEE'S EMPLOYMENT. THE PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT
 APPLY WHERE APPLICATION OF SUCH PROVISIONS WOULD BE PREEMPTED BY FEDERAL
 LAW.
   2.  SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR SUBDIVISION OF
 THIS SECTION 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  OR  SUBDIVISION  THEREOF  DIRECTLY INVOLVED IN THE
 CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED. IT IS HERE-
 BY DECLARED TO BE THE INTENT OF THE LEGISLATURE THAT THIS SECTION  WOULD
 HAVE  BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT BEEN INCLUDED
 HEREIN.
   3. EXISTING RIGHTS. NOTHING IN THIS SECTION SHALL BE DEEMED TO  DIMIN-
 ISH  THE RIGHTS, PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY OTHER
 LAW OR REGULATION  OR  UNDER  ANY  COLLECTIVE  BARGAINING  AGREEMENT  OR
 EMPLOYMENT CONTRACT.
   § 5. This act shall take effect immediately.