NY State Senate Bill S4388A

senate Bill S4388A

2015-2016 Legislative Session

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

download bill text pdf

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

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Apr 27, 2015 - Labor committee Vote

S4388

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S4388 (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

S4388 (ACTIVE) - Summary

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

S4388 (ACTIVE) - Sponsor Memo

BILL NUMBER:S4388

TITLE OF BILL:

An act to amend the labor law, in relation to contract provisions
waiving certain substantive and procedural rights

PURPOSE:

This bill would prevent the enforcement of certain employee contract
provisions that would waive procedural rights or remedies.

SUMMARY OF PROVISIONS:

Section one adds new section 211-b to the labor law providing that
contract provisions that waive a procedural right or remedy relating
to a claim of discrimination, non-payment of wages or benefits,
retaliation, harassment or violation of public policy shall be deemed
unconscionable, void and unenforceable. Prohibits retaliatory action
from the employer for failure by employee to enter into such contract.

Section two sets the effective date.

JUSTIFICATION:

Any effort by an employer to have an employee give up important and

long standing rights must be done openly and transparently so as to
afford the employee to understand the nature of those rights,
including, but not limited to waiving procedural rights and opting for
arbitration of disputes. Requiring employees to enter into agreements
waiving their right to long standing and hard fought protections
including access to courts and legal remedies is unconscionable. The
presentation of such provisions or waivers without the requisite
transparency produces a hostile work environment, such that the
employee believes he or she has no choice but to accept these
conditions to continue employment. This bill would reaffirm New York's
continued commitment to employees rights.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to all
contracts entered into, renewed, modified or amended on or after such
date.

S4388 (ACTIVE) - 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

S. 4388                             2

FEES. THE RIGHTS AND REMEDIES CONTAINED IN THIS  SECTION  SHALL  NOT  BE
EXCLUSIVE  AND SHALL NOT PREEMPT OTHER PROCEDURES AND REMEDIES AVAILABLE
UNDER OTHER APPLICABLE LAWS.
  S  2.  This  act  shall take effect immediately and shall apply to all
contracts entered into, renewed, modified or amended on  or  after  such
date.

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

BILL NUMBER:S4388A

TITLE OF BILL:

An  act to amend the labor law, in relation to contract provisions waiv-
ing certain substantive and procedural rights

PURPOSE:

This bill would prevent the enforcement  of  certain  employee  contract
provisions that would waive procedural rights or remedies.

SUMMARY OF PROVISIONS:

Section  one  adds  new  section  211-b  to the labor law providing that
contract provisions that waive a procedural right or remedy relating  to
a  claim  of  discrimination,  non-payment of wages or benefits, retali-
ation, harassment or violation of public policy shall be  deemed  uncon-
scionable, void and unenforceable. Prohibits retaliatory action from the
employer for failure by employee to enter into such contract.

Section two sets the effective date.

JUSTIFICATION:

Any effort by an employer to have an employee give up important and long

standing  rights  must  be done openly and transparently so as to afford
the employee to understand the nature of those  rights,  including,  but
not  limited  to waiving procedural rights and opting for arbitration of
disputes. Requiring employees to enter  into  agreements  waiving  their
right  to  long standing and hard fought protections including access to
courts and legal remedies is unconscionable. The  presentation  of  such
provisions  or  waivers  without  the  requisite transparency produces a
hostile work environment, such that the employee believes he or she  has
no  choice  but  to accept these conditions to continue employment. This
bill would reaffirm New York's continued commitment to employees rights.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to all  contracts
entered into, renewed, modified or amended on or after such date.

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.

                                                           LBD09982-02-5

S. 4388--A                          2

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
FEES.  THE  RIGHTS  AND  REMEDIES CONTAINED IN THIS SECTION SHALL NOT BE
EXCLUSIVE AND SHALL NOT PREEMPT OTHER PROCEDURES AND REMEDIES  AVAILABLE
UNDER OTHER APPLICABLE LAWS.
  S  2.  This  act  shall take effect immediately and shall apply to all
contracts entered into, renewed, modified or amended on  or  after  such
date.

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The New York State Senate

senate Bill S4388A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

Feb 1, 2016 - Labor committee Vote

Labor Committee Vote: Feb 1, 2016

Apr 27, 2015 - Labor committee Vote

Committee Vote: Apr 27, 2015

Bill Amendments

S4388 (ACTIVE) - Details

S4388 (ACTIVE) - Summary

S4388 (ACTIVE) - Sponsor Memo

S4388 (ACTIVE) - Bill Text download pdf

S4388A (ACTIVE) - Details

S4388A (ACTIVE) - Summary

S4388A (ACTIVE) - Sponsor Memo

S4388A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4388A

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Sponsored By

Jack M. Martins

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

Feb 1, 2016 - Labor committee Vote

Labor Committee Vote: Feb 1, 2016

Apr 27, 2015 - Labor committee Vote

Committee Vote: Apr 27, 2015

Bill Amendments

S4388 (ACTIVE) - Details

S4388 (ACTIVE) - Summary

S4388 (ACTIVE) - Sponsor Memo

S4388 (ACTIVE) - Bill Text download pdf

S4388A (ACTIVE) - Details

S4388A (ACTIVE) - Summary

S4388A (ACTIVE) - Sponsor Memo

S4388A (ACTIVE) - Bill Text download pdf

Comments