senate Bill S6382A

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Labor 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 30, 2017 print number 6382a
Oct 30, 2017 amend and recommit to labor
May 11, 2017 referred to labor

S6382 - Details

See Assembly Version of this Bill:
A8765
Law Section:
Labor Law
Laws Affected:
Add §211-b, Lab L
Versions Introduced in 2015-2016 Legislative Session:
S4388A

S6382 - Summary

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

S6382 - Sponsor Memo

S6382 - Bill Text download pdf

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

                                  6382

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              May 11, 2017
                               ___________

Introduced  by  Sen. HOYLMAN -- 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. This act shall be known and may be cited as "the non-waiva-
ble employee rights act".
  S 2. 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.
                                                           LBD04377-02-7

Co-Sponsors

S6382A (ACTIVE) - Details

See Assembly Version of this Bill:
A8765
Law Section:
Labor Law
Laws Affected:
Add §211-b, Lab L
Versions Introduced in 2015-2016 Legislative Session:
S4388A

S6382A (ACTIVE) - Summary

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

S6382A (ACTIVE) - Sponsor Memo

S6382A (ACTIVE) - Bill Text download pdf

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

                                 6382--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              May 11, 2017
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04377-05-7

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