| Date of Action |
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 |
Senate Bill S4388A
2015-2016 Legislative Session
Sponsored By
(R, C) 7th Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
Actions
Votes
Bill Amendments
2015-S4388 - Details
2015-S4388 - 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
2015-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
2015-S4388A (ACTIVE) - Details
2015-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
2015-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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