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Assembly Bill A5777A

2019-2020 Legislative Session

Relates to prohibiting certain conditions or preconditions of employment

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A5777 - Details

Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1514
2023-2024: A856
2025-2026: A1214

2019-A5777 - Summary

Prohibits employers from requiring certain conditions or preconditions of employment.

2019-A5777 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5777
 
                        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
   employers  from  requiring  certain  conditions  or  preconditions  of
   employment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general obligations law is  amended  by  adding  a  new
 section 5-337 to read as follows:
   §  5-337.  CONDITIONS  AND  PRECONDITIONS OF EMPLOYMENT. 1. AS USED IN
 THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EMPLOYER" MEANS ANY PERSON, EITHER INDIVIDUAL, CORPORATION, PART-
 NERSHIP, AGENCY, OR FIRM, THAT EMPLOYS  AN  EMPLOYEE  AND  INCLUDES  ANY
 PERSON,  EITHER  INDIVIDUAL,  CORPORATION, PARTNERSHIP, AGENCY, OR FIRM,
 ACTING DIRECTLY OR INDIRECTLY IN THE INTEREST OF AN EMPLOYER IN RELATION
 TO AN EMPLOYEE; AND
   (B) "EMPLOYEE" MEANS ANY PERSON EMPLOYED BY OR SUFFERED  OR  PERMITTED
 TO WORK FOR AN EMPLOYER.
   2.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, NO EMPLOYER
 SHALL REQUIRE AS A CONDITION OR  PRECONDITION  OF  EMPLOYMENT  THAT  ANY
 EMPLOYEE  OR  PERSON  SEEKING  EMPLOYMENT WAIVE, ARBITRATE, OR OTHERWISE
 DIMINISH ANY EXISTING OR FUTURE CLAIM, RIGHT, OR BENEFIT  TO  WHICH  THE
 EMPLOYEE  OR PERSON SEEKING EMPLOYMENT WOULD OTHERWISE BE ENTITLED UNDER
 ANY PROVISION OF ANY NEW YORK STATE OR FEDERAL LAW.
   3. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  CONTRACTS  OR
 AGREEMENTS  NEGOTIATED  WITH ANY LABOR UNION THROUGH COLLECTIVE BARGAIN-
 ING.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06224-01-9

co-Sponsors

multi-Sponsors

2019-A5777A (ACTIVE) - Details

Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1514
2023-2024: A856
2025-2026: A1214

2019-A5777A (ACTIVE) - Summary

Prohibits employers from requiring certain conditions or preconditions of employment.

2019-A5777A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5777--A
                                                         Cal. No. 221
 
                        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, SIMON,
   D'URSO, STIRPE, ARROYO, BLAKE, STECK, GLICK, ZEBROWSKI, ORTIZ, WEPRIN,
   CRUZ,  FERNANDEZ  --  Multi-Sponsored  by -- M. of A. COOK, DenDEKKER,
   ENGLEBRIGHT, GRIFFIN -- read once and referred  to  the  Committee  on
   Judiciary   --  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
   employers  from  requiring  certain  conditions  or  preconditions  of
   employment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  obligations  law is amended by adding a new
 section 5-338 to read as follows:
   § 5-338. CONDITIONS AND PRECONDITIONS OF EMPLOYMENT.  1.  AS  USED  IN
 THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EMPLOYER" MEANS ANY PERSON, EITHER INDIVIDUAL, CORPORATION, PART-
 NERSHIP,  AGENCY,  OR  FIRM,  THAT  EMPLOYS AN EMPLOYEE AND INCLUDES ANY
 PERSON, EITHER INDIVIDUAL, CORPORATION, PARTNERSHIP,  AGENCY,  OR  FIRM,
 ACTING DIRECTLY OR INDIRECTLY IN THE INTEREST OF AN EMPLOYER IN RELATION
 TO AN EMPLOYEE; AND
   (B)  "EMPLOYEE"  MEANS ANY PERSON EMPLOYED BY OR SUFFERED OR PERMITTED
 TO WORK FOR AN EMPLOYER.
   2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  NO  EMPLOYER
 SHALL  REQUIRE  AS  A  CONDITION  OR PRECONDITION OF EMPLOYMENT THAT ANY
 EMPLOYEE OR PERSON SEEKING EMPLOYMENT  WAIVE,  ARBITRATE,  OR  OTHERWISE
 DIMINISH  ANY  EXISTING  OR FUTURE CLAIM, RIGHT, OR BENEFIT TO WHICH THE
 EMPLOYEE OR PERSON SEEKING EMPLOYMENT WOULD OTHERWISE BE ENTITLED  UNDER
 ANY PROVISION OF ANY NEW YORK STATE OR FEDERAL LAW.
   3.  THE  PROVISIONS  OF  THIS  SECTION SHALL NOT APPLY TO CONTRACTS OR
 AGREEMENTS NEGOTIATED WITH ANY LABOR UNION THROUGH  COLLECTIVE  BARGAIN-
 ING.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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