Assembly Bill A5776C

2019-2020 Legislative Session

Relates to prohibiting agreements between employers that directly restrict the current or future employment of any employee

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Archive: Last Bill Status - On Floor Calendar

  • 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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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A5776 - Details

See Senate Version of this Bill:
S3937
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1463, S562
2023-2024: A688, S3264

2019-A5776 - Summary

Prohibits agreements between employers that directly restrict the current or future employment of any employee and allows for a cause of action against employers who engage in such agreements.

2019-A5776 - Bill Text download pdf 

                            
 
                     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.

co-Sponsors

multi-Sponsors

2019-A5776A - Details

See Senate Version of this Bill:
S3937
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1463, S562
2023-2024: A688, S3264

2019-A5776A - Summary

Prohibits agreements between employers that directly restrict the current or future employment of any employee and allows for a cause of action against employers who engage in such agreements.

2019-A5776A - Bill Text download pdf 

                            
 
                     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.

co-Sponsors

multi-Sponsors

2019-A5776B - Details

See Senate Version of this Bill:
S3937
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1463, S562
2023-2024: A688, S3264

2019-A5776B - Summary

Prohibits agreements between employers that directly restrict the current or future employment of any employee and allows for a cause of action against employers who engage in such agreements.

2019-A5776B - Bill Text download pdf 

                            
 
                     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

co-Sponsors

multi-Sponsors

2019-A5776C (ACTIVE) - Details

See Senate Version of this Bill:
S3937
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1463, S562
2023-2024: A688, S3264

2019-A5776C (ACTIVE) - Summary

Prohibits agreements between employers that directly restrict the current or future employment of any employee and allows for a cause of action against employers who engage in such agreements.

2019-A5776C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5776--C
                                                         Cal. No. 220
 
                        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 -- ordered 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
 5-338 to read as follows:
   § 5-338. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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