Senate Bill S8040

2015-2016 Legislative Session

Provides that arbitration awards in consumer and employment disputes, where the arbitration is conducted pursuant to a contract, shall include all issues in dispute and findings thereon

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Sponsored By

Archive: Last 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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2015-S8040 (ACTIVE) - Details

See Assembly Version of this Bill:
A10090
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §7507, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: S6225, A6372
2019-2020: S2630, A7572
2021-2022: S4914, A2193
2023-2024: S4107, A3450

2015-S8040 (ACTIVE) - Summary

Provides that arbitration awards in consumer and employment disputes, where the arbitration is conducted pursuant to a contract, shall include all issues in dispute and the arbitrator's findings of fact and conclusions of law.

2015-S8040 (ACTIVE) - Sponsor Memo

2015-S8040 (ACTIVE) - Bill Text download pdf 

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

                                  8040

                            I N  S E N A T E

                              June 7, 2016
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the civil practice law and rules, in relation  to  arbi-
  tration awards in consumer and employment disputes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 7507 of  the  civil  practice  law  and  rules,  as
amended  by  chapter  952  of  the  laws  of 1981, is amended to read as
follows:
  S 7507. Award; form; time; delivery. (A) Except as provided in section
7508, the award shall be in writing, signed and affirmed by the arbitra-
tor making it within the time fixed by the agreement, or, if the time is
not fixed, within such time as the court orders.
  (B) IN A MATTER INVOLVING A  CONSUMER  DISPUTE,  PURSUANT  TO  SECTION
THREE  HUNDRED  NINETY-NINE-C OF THE GENERAL BUSINESS LAW, OR AN EMPLOY-
MENT DISPUTE BETWEEN AN EMPLOYER AND EMPLOYEE,  AS  DEFINED  IN  SECTION
THREE  OF  THE FAIR LABOR STANDARDS ACT OF 1938 (29 U.S.C. S 203), WHERE
ARBITRATION WAS HELD PURSUANT TO A CONTRACT, THE AWARD SHALL  STATE  THE
ISSUES  IN  DISPUTE  AND SHALL CONTAIN THE ARBITRATOR'S FINDINGS OF FACT
AND CONCLUSIONS OF LAW. SUCH AWARD  SHALL  CONTAIN  A  DECISION  ON  ALL
ISSUES  SUBMITTED TO THE ARBITRATOR.  THE PROVISIONS OF THIS SUBDIVISION
SHALL NOT APPLY TO AGREEMENTS NEGOTIATED WITH ANY  LABOR  UNION  THROUGH
COLLECTIVE BARGAINING.
  (C)  The parties may in writing extend the time either before or after
its expiration. A party waives the objection that an award was not  made
within  the  time  required  unless he OR SHE notifies the arbitrator in
writing of his OR HER objection prior to the delivery of  the  award  to
him OR HER.
  (D)  The arbitrator shall deliver a copy of the award to each party in
the manner provided in the agreement, or, if no provision  is  so  made,
personally or by registered or certified mail, return receipt requested.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14389-05-6

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