The New York State Senate

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

                                  5776

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 19, 2019
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Judiciary

AN  ACT to amend the general obligations law, in relation to prohibiting
  agreements between employers that directly  restrict  the  current  or
  future employment of any employee

  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  "End
Employer Collusion Act".
  §  2.  The  general obligations law is amended by adding a new section
5-337 to read as follows:
  § 5-337. AGREEMENTS  BETWEEN  EMPLOYERS  RESTRICTING  THE  CURRENT  OR
FUTURE  EMPLOYMENT  OF  AN  EMPLOYEE  VOID. (A) FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERM  "RESTRICTIVE  EMPLOYMENT  AGREEMENT"  SHALL
MEAN ANY AGREEMENT THAT:
  (I)  IS  BETWEEN  TWO OR MORE EMPLOYERS, INCLUDING THROUGH A FRANCHISE
AGREEMENT OR A CONTRACTOR-SUBCONTRACTOR AGREEMENT; AND
  (II) PROHIBITS OR RESTRICTS ONE EMPLOYER  FROM  SOLICITING  OR  HIRING
ANOTHER EMPLOYER'S EMPLOYEES OR FORMER EMPLOYEES.
  (B)  NOTWITHSTANDING  ANY OTHER LAW TO THE CONTRARY, NO EMPLOYER SHALL
ENTER INTO A RESTRICTIVE EMPLOYMENT  AGREEMENT  WITH  ANOTHER  EMPLOYER,
ENFORCE  A  RESTRICTIVE  EMPLOYMENT  AGREEMENT  OR THREATEN TO ENFORCE A
RESTRICTIVE EMPLOYMENT AGREEMENT AND ANY RESTRICTIVE  EMPLOYMENT  AGREE-
MENT IS HEREBY DECLARED TO BE CONTRARY TO PUBLIC POLICY AND WHOLLY VOID.
  (C)  EVERY  PERSON  WHO  WAS  DENIED  EMPLOYMENT  DUE TO A RESTRICTIVE
EMPLOYMENT AGREEMENT OR WAS OTHERWISE DAMAGED  DUE  TO  A  VIOLATION  OF
SUBDIVISION  (B)  OF  THIS  SECTION  MAY,  WITHIN THREE YEARS AFTER SUCH
DENIAL OF EMPLOYMENT, SUE FOR AND RECOVER A JUDGMENT EQUAL TO THE SUM OF
(I) ANY ACTUAL DAMAGES SUSTAINED BY THE INDIVIDUAL AS A RESULT  OF  SUCH
VIOLATION,  (II) SUCH AMOUNT OF PUNITIVE DAMAGES AS THE COURT MAY ALLOW,
AND (III) IN THE CASE OF ANY SUCCESSFUL ACTION TO ENFORCE ANY  LIABILITY
UNDER  THIS  SECTION,  THE  COSTS OF THE ACTION TOGETHER WITH REASONABLE
ATTORNEY'S FEES AS DETERMINED BY THE COURT.
  § 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04740-01-9

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

                                 5776--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 19, 2019
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  REYES,  SAYEGH, GOTTFRIED, GALEF,
  D'URSO, STIRPE, ARROYO, SIMON, STECK, CRUZ, GLICK,  ZEBROWSKI,  ORTIZ,
  WEPRIN -- Multi-Sponsored by -- M. of A. COOK, DenDEKKER, ENGLEBRIGHT,
  GRIFFIN  --  read  once  and referred to the Committee on Judiciary --
  reported  and  referred  to  the  Committee  on  Codes  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the general obligations law, in relation to prohibiting
  agreements between employers that directly  restrict  the  current  or
  future employment of any employee

  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  "End
Employer Collusion Act".
  §  2.  The  general obligations law is amended by adding a new section
5-337 to read as follows:
  § 5-337. AGREEMENTS  BETWEEN  EMPLOYERS  RESTRICTING  THE  CURRENT  OR
FUTURE  EMPLOYMENT  OF  AN  EMPLOYEE  VOID. (A) FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERM  "RESTRICTIVE  EMPLOYMENT  AGREEMENT"  SHALL
MEAN ANY AGREEMENT THAT:
  (I)  IS  BETWEEN  TWO OR MORE EMPLOYERS, INCLUDING THROUGH A FRANCHISE
AGREEMENT OR A CONTRACTOR-SUBCONTRACTOR AGREEMENT; AND
  (II) PROHIBITS OR RESTRICTS ONE EMPLOYER  FROM  SOLICITING  OR  HIRING
ANOTHER EMPLOYER'S EMPLOYEES OR FORMER EMPLOYEES.
  (B)  NOTWITHSTANDING  ANY OTHER LAW TO THE CONTRARY, NO EMPLOYER SHALL
ENTER INTO A RESTRICTIVE EMPLOYMENT  AGREEMENT  WITH  ANOTHER  EMPLOYER,
ENFORCE  A  RESTRICTIVE  EMPLOYMENT  AGREEMENT  OR THREATEN TO ENFORCE A
RESTRICTIVE EMPLOYMENT AGREEMENT AND ANY RESTRICTIVE  EMPLOYMENT  AGREE-
MENT IS HEREBY DECLARED TO BE CONTRARY TO PUBLIC POLICY AND WHOLLY VOID.
  (C)  EVERY  PERSON  WHO  WAS  DENIED  EMPLOYMENT  DUE TO A RESTRICTIVE
EMPLOYMENT AGREEMENT OR WAS OTHERWISE DAMAGED  DUE  TO  A  VIOLATION  OF

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

                                                           LBD04740-03-9

A. 5776--A                          2

SUBDIVISION (B) OF THIS SECTION MAY MAINTAIN AN ACTION FOR DAMAGES EQUAL
TO  THE  SUM  OF (I) ANY ACTUAL DAMAGES SUSTAINED BY THE INDIVIDUAL AS A
RESULT OF SUCH VIOLATION, (II) SUCH AMOUNT OF PUNITIVE  DAMAGES  AS  THE
COURT  MAY  ALLOW,  AND  (III)  IN  THE CASE OF ANY SUCCESSFUL ACTION TO
ENFORCE ANY LIABILITY UNDER  THIS  SECTION,  THE  COSTS  OF  THE  ACTION
TOGETHER WITH REASONABLE ATTORNEY'S FEES AS DETERMINED BY THE COURT.
  (D)  WHENEVER  THE  ATTORNEY  GENERAL  FINDS  THAT  THERE  HAS  BEEN A
VIOLATION OF THIS SECTION, HE OR SHE MAY PROCEED AS PROVIDED IN SUBDIVI-
SION TWELVE OF SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
  § 3. This act shall take effect immediately.

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

                                 5776--B
                                                        Cal. No. 252

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 19, 2019
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  REYES,  SAYEGH, GOTTFRIED, GALEF,
  D'URSO, STIRPE, ARROYO, SIMON, STECK, CRUZ, GLICK,  ZEBROWSKI,  ORTIZ,
  WEPRIN,  FERNANDEZ  -- Multi-Sponsored by -- M. of A. COOK, DenDEKKER,
  ENGLEBRIGHT, GRIFFIN -- read once and referred  to  the  Committee  on
  Judiciary  --  reported  and  referred  to  the  Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported from committee, advanced to
  a third reading, amended and ordered reprinted, retaining its place on
  the order of third reading

AN ACT to amend the general obligations law, in relation to  prohibiting
  agreements  between  employers  that  directly restrict the current or
  future employment of any employee

  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 "End
Employer Collusion Act".
  § 2. The general obligations law is amended by adding  a  new  section
5-337 to read as follows:
  §  5-337. AGREEMENTS BETWEEN CERTAIN EMPLOYERS RESTRICTING THE CURRENT
OR FUTURE EMPLOYMENT OF AN EMPLOYEE VOID. (A) FOR THE PURPOSES  OF  THIS
SECTION,  THE  FOLLOWING  TERM  "RESTRICTIVE EMPLOYMENT AGREEMENT" SHALL
MEAN ANY AGREEMENT THAT:
  (I) IS INCLUDED IN A FRANCHISE AGREEMENT; AND
  (II) PROHIBITS OR RESTRICTS ONE OR MORE FRANCHISEES FROM SOLICITING OR
HIRING THE EMPLOYEES OR FORMER EMPLOYEES OF THE  FRANCHISOR  OR  ANOTHER
FRANCHISEE.
  (B)  NOTWITHSTANDING  ANY  OTHER LAW TO THE CONTRARY, NO FRANCHISOR OR
PERSON ACTING ON ITS BEHALF  MAY  ENTER  INTO  OR  RENEW  A  RESTRICTIVE
EMPLOYMENT  AGREEMENT,  ENFORCE  A  RESTRICTIVE EMPLOYMENT AGREEMENT, OR
THREATEN TO ENFORCE A RESTRICTIVE EMPLOYMENT AGREEMENT AND ANY  RESTRIC-
TIVE EMPLOYMENT AGREEMENT IS HEREBY VOID.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD04740-05-9

A. 5776--B                          2

  (C)  EVERY  PERSON  WHO  WAS  DENIED  EMPLOYMENT  DUE TO A RESTRICTIVE
EMPLOYMENT AGREEMENT OR WAS OTHERWISE DAMAGED  DUE  TO  A  VIOLATION  OF
SUBDIVISION (B) OF THIS SECTION MAY MAINTAIN AN ACTION FOR DAMAGES EQUAL
TO  THE  SUM  OF (I) ANY ACTUAL DAMAGES SUSTAINED BY THE INDIVIDUAL AS A
RESULT  OF  SUCH  VIOLATION, (II) SUCH AMOUNT OF PUNITIVE DAMAGES AS THE
COURT MAY ALLOW, AND (III) IN THE  CASE  OF  ANY  SUCCESSFUL  ACTION  TO
ENFORCE  ANY  LIABILITY  UNDER  THIS  SECTION,  THE  COSTS OF THE ACTION
TOGETHER WITH REASONABLE ATTORNEY'S FEES AS DETERMINED BY THE COURT.
  (D) WHENEVER THE ATTORNEY GENERAL  BELIEVES  THAT  THERE  HAS  BEEN  A
VIOLATION OF THIS SECTION, HE OR SHE MAY PROCEED AS PROVIDED IN SUBDIVI-
SION TWELVE OF SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
  § 3. This act shall take effect immediately.