senate Bill S4388A

2015-2016 Legislative Session

Relates to prohibiting contract provisions that waive certain substantive and procedural rights

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2016 committed to rules
Feb 08, 2016 advanced to third reading
Feb 02, 2016 2nd report cal.
Feb 01, 2016 1st report cal.92
Jan 06, 2016 referred to labor
Jun 25, 2015 committed to rules
May 04, 2015 amended on third reading 4388a
Apr 29, 2015 advanced to third reading
Apr 28, 2015 2nd report cal.
Apr 27, 2015 1st report cal.427
Mar 18, 2015 referred to labor

Votes

view votes

Feb 1, 2016 - Labor committee Vote

S4388A
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Labor committee vote details

Apr 27, 2015 - Labor committee Vote

S4388
14
0
committee
14
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

S4388 - Details

Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add §211-b, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: S6382
2019-2020: S3294

S4388 - Summary

Relates to prohibiting contract provisions that waive certain substantive and procedural rights.

S4388 - Sponsor Memo

S4388 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4388

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 18, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed 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:
  S  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.
  2. 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.
  3. 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.
  4. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09982-01-5

S4388A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add §211-b, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: S6382
2019-2020: S3294

S4388A (ACTIVE) - Summary

Relates to prohibiting contract provisions that waive certain substantive and procedural rights.

S4388A (ACTIVE) - Sponsor Memo

S4388A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4388--A
    Cal. No. 427

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 18, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor -- reported  favora-
  bly  from  said committee, ordered to first and second report, ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

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:
  S  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. 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.
  3. 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

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

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