NY State Senate Bill S6382A

Archive: Last Bill Status - In Senate Committee 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 (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to labor
Oct 30, 2017	print number 6382a
Oct 30, 2017	amend and recommit to labor
May 11, 2017	referred to labor

Bill Amendments

Original

A (Active)

Original

A (Active)

S6382 - Details

See Assembly Version of this Bill:: A8765
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §211-b, Lab L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4388
2019-2020: S3294, A626
2021-2022: S724, A398
2023-2024: S3298, A1424

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".
  § 2. 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. 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

S. 6382                             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.
  §  3.  This  act  shall take effect immediately and shall apply to all
contracts entered into, renewed, modified or amended on  or  after  such
date.

Co-Sponsors

S6382A (ACTIVE) - Details

See Assembly Version of this Bill:: A8765
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §211-b, Lab L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4388
2019-2020: S3294, A626
2021-2022: S724, A398
2023-2024: S3298, A1424

S6382A (ACTIVE) - Summary

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

S6382A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6382A

SPONSOR: HOYLMAN
 
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 conceal certain details or waive procedural rights or
remedies.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 211-b to the labor law.

Subdivision 1 of section 211-b provides that contract provisions which
waive a procedural right or remedy related to a claim of discrimination,
nonpayment of wages or benefits, retaliation, harassment or violation of

public policy in employment shall be deemed unconscionable, void and
unenforceable.

Subdivision 2 of section 211-b provides that contract provisions which
have the purpose or effect of concealing details relating to a claim of
discrimination, non-payment of wages or benefits, retaliation, harass-
ment or violation of public policy in employment, including claims that
are submitted to arbitration, shall be deemed unconscionable, void and
unenforceable. An exception to this subdivision is made for the terms
and conditions of an award issued by an arbitrator pursuant to section
75 of the civil practice law and rules, or the amount of any monetary
consideration provided in a settlement.

Subdivision 3 of section 211-b states that anyone enforcing or attempt-
ing to enforce a waiver prohibited under this new section shall be
liable for attorney's fees.

Subdivision 4 of section 211-b prohibits any person or employer from
taking any retaliatory action - including failure to hire - against a
person because the person does not enter into an agreement or contract
that contains a waiver prohibited by this section.

Subdivision 5 of section 211-b creates a private right of action allow-
ing a person aggrieved by a violation of this new section of law to file
a civil action within three years of the violation, in addition to any
other rights and remedies available under other applicable laws.

Section 2 of the bill is a severability clause.

Section 3 of the bill sets the effective date.

 
JUSTIFICATION:

New York State has a tradition of enacting strong labor and antidiscrim-
ination laws to protect employee rights. Attempts by employers to compel
employees to waive those protections as a condition of employment,
particularly pertaining to sexual harassment and discrimination

protections, are unconscionable and should be explicitly prohibited in
New York as a matter of public policy.

Recent high-profile reports of sexual misconduct by powerful executives
have highlighted the role nondisclosure agreements play in protecting
abusive workplace cultures. These agreements are typically reached as
part of confidential settlements and include a provision that neither
party discuss the details of the case. The secrecy of these agreements
perpetuates cultures of sexual harassment and abuse by ensuring that
victims stay silent and the public stays uninformed.

The National Labor Relations Board has ruled that "a confidentiality
rule prohibiting employees from discussing their sexual harassment
complaints among themselves" constitutes an unfair labor practice in
violation of the Wagner Act. However, nothing prevents an employer from
using a nondisclosure agreement to bar an employee from seeking legal
action if he or she is a victim of workplace harassment, discrimination,
retaliation, or nonpayment of wages. This bargaining arrangement gives
undue power and control to an employer who can continue to engage in
misconduct while an employee is left without legal recourse. Further,
the agreement conceals a public hazard and allows potentially illegal
conduct to continue with future employees in a vicious cycle of power
imbalances, victimization, and suppression of legal remedies.

This bill addresses contracts that contain confidentiality clauses,
rendering those clauses unconscionable, void, and unenforceable in cases
of discrimination, retaliation, or harassment. The bill would also make
an employer liable if he or she attempts to enforce the confidentiality
clause or if he or she retaliates against an employee for not agreeing
to the clause. This liability would include payment of legal fees and
costs. Additionally, the bill would give a victim up to three years
after a violation to file a claim for a torts remedy, injunction, and
fees and costs. Under the bill's provisions, abusive employers would no
longer be able to use nondisclosure agreements to conceal illegal behav-
ior or purchase the silence of their victims. It is an essential measure
to ensure fair labor standards, prevent workplace hazards and miscon-
duct, and protect employee rights.

 
LEGISLATIVE HISTORY:

S.4388-A of 2015-2016 (similar bill): Died on 3rd Reading Calendar

 
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.

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:
  § 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-

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

S. 6382--A                          2

FIVE OF THE CIVIL PRACTICE LAW AND RULES OR THE AMOUNT OF  ANY  MONETARY
CONSIDERATION PROVIDED IN A SETTLEMENT.
  3. 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.
  4. 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.
  5. 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.
  §  2. Severability clause.  If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  §  3.  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 S6382A

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Your Voice

Actions

Bill Amendments

S6382 - Details

S6382 - Summary

S6382 - Sponsor Memo

S6382 - Bill Text download pdf

Co-Sponsors

S6382A (ACTIVE) - Details

S6382A (ACTIVE) - Summary

S6382A (ACTIVE) - Sponsor Memo

S6382A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6382A

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Labor Committee

Your Voice

Actions

Bill Amendments

S6382 - Details

S6382 - Summary

S6382 - Sponsor Memo

S6382 - Bill Text download pdf

Co-Sponsors

Martin Malavé Dilan

Liz Krueger

Toby Ann Stavisky

S6382A (ACTIVE) - Details

S6382A (ACTIVE) - Summary

S6382A (ACTIVE) - Sponsor Memo

S6382A (ACTIVE) - Bill Text download pdf

Comments