assembly Bill A8765

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to labor
Nov 03, 2017 referred to labor

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A8765 (ACTIVE) - Details

See Senate Version of this Bill:
S6382
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §211-b, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4388
2019-2020: A626, S3294

A8765 (ACTIVE) - Summary

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

A8765 (ACTIVE) - Bill Text download pdf


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

                                  8765

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            November 3, 2017
                               ___________

Introduced  by M. of A. ROZIC, QUART, WALLACE, BARNWELL -- read once and
  referred 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:
  §  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.   A PROVISION IN ANY CONTRACT OR AGREEMENT WHICH HAS THE PURPOSE OR
EFFECT OF CONCEALING THE DETAILS RELATING TO A CLAIM OF  DISCRIMINATION,
NON-PAYMENT  OF  WAGES OR BENEFITS, RETALIATION, HARASSMENT OR VIOLATION
OF PUBLIC POLICY IN EMPLOYMENT, INCLUDING CLAIMS THAT ARE  SUBMITTED  TO
ARBITRATION, SHALL BE DEEMED UNCONSCIONABLE, VOID AND UNENFORCEABLE. THE
PROVISIONS  OF  THIS SUBDIVISION SHALL NOT APPLY TO THE TERMS AND CONDI-
TIONS OF AN AWARD ISSUED BY AN ARBITRATOR PURSUANT TO  ARTICLE  SEVENTY-
FIVE  OF  THE CIVIL PRACTICE LAW AND RULES OR THE AMOUNT OF ANY MONETARY
CONSIDERATION PROVIDED IN A SETTLEMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04377-06-7

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