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Assembly Bill A9993A

2019-2020 Legislative Session

Relates to the resolution of certain claims by certain employees

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2019-A9993 - Details

See Senate Version of this Bill:
S7819
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2021-2022: A2079, S766
2023-2024: A306, S14
2025-2026: A293, S413

2019-A9993 - Summary

Makes the release of any claim by an employee, or independent contractor who is a natural person, against an employer, unenforceable if, as a condition of such resolution, the employee or independent contractor is prohibited from applying for, accepting, or engaging in future employment with such employer, or any entity or entities related to such employer.

2019-A9993 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9993
 
                           I N  A S S E M B L Y
 
                               March 4, 2020
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the general obligations law, in relation to the  release
   of certain claims by certain employees
 
   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. RELEASE OF CERTAIN EMPLOYEE CLAIMS.  1. FOR PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EMPLOYER" SHALL MEAN ALL EMPLOYERS WITHIN THE STATE.
   (B) "EMPLOYEE" SHALL MEAN ALL EMPLOYEES WITHIN THE STATE.
   2.  NO RELEASE OF ANY CLAIM BY AN EMPLOYEE, OR INDEPENDENT  CONTRACTOR
 WHO  IS  A  NATURAL PERSON, AGAINST AN EMPLOYER, IS ENFORCEABLE IF, AS A
 CONDITION OF SUCH RELEASE, THE EMPLOYEE  OR  INDEPENDENT  CONTRACTOR  IS
 PROHIBITED  FROM  APPLYING FOR, ACCEPTING, OR ENGAGING IN FUTURE EMPLOY-
 MENT WITH SUCH EMPLOYER, OR ANY  ENTITY  OR  ENTITIES  RELATED  TO  SUCH
 EMPLOYER.  THE PROVISIONS OF THIS SECTION SHALL NOT PRECLUDE AN EMPLOYEE
 AND EMPLOYER FROM AGREEING TO TERMINATE AN EXISTING EMPLOYMENT RELATION-
 SHIP AS PART OF A SETTLEMENT OF A CLAIM.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15424-02-0

co-Sponsors

2019-A9993A (ACTIVE) - Details

See Senate Version of this Bill:
S7819
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2021-2022: A2079, S766
2023-2024: A306, S14
2025-2026: A293, S413

2019-A9993A (ACTIVE) - Summary

Makes the release of any claim by an employee, or independent contractor who is a natural person, against an employer, unenforceable if, as a condition of such resolution, the employee or independent contractor is prohibited from applying for, accepting, or engaging in future employment with such employer, or any entity or entities related to such employer.

2019-A9993A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9993--A
 
                           I N  A S S E M B L Y
 
                               March 4, 2020
                                ___________
 
 Introduced by M. of A. CRUZ, L. ROSENTHAL, BLAKE, GALEF, SIMON, EPSTEIN,
   SALKA  --  read  once  and  referred  to the Committee on Judiciary --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT to amend the general obligations law, in relation to the release
   of certain claims by certain employees

   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. RELEASE OF CERTAIN EMPLOYEE CLAIMS.  1. FOR PURPOSES OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "EMPLOYER" SHALL MEAN ALL PUBLIC AND PRIVATE EMPLOYERS WITHIN THE
 STATE.
   (B) "EMPLOYEE" SHALL MEAN ALL PUBLIC AND PRIVATE EMPLOYEES WITHIN  THE
 STATE.
   2.  NO  RELEASE OF ANY CLAIM BY AN EMPLOYEE, OR INDEPENDENT CONTRACTOR
 WHO IS A NATURAL PERSON, AGAINST AN EMPLOYER, IS ENFORCEABLE IF, AS PART
 OF THE AGREEMENT RESOLVING  SUCH  CLAIM,  THE  EMPLOYEE  OR  INDEPENDENT
 CONTRACTOR  IS  PROHIBITED  FROM APPLYING FOR, ACCEPTING, OR ENGAGING IN
 FUTURE EMPLOYMENT WITH SUCH EMPLOYER, OR ANY ENTITY OR ENTITIES  RELATED
 TO  SUCH  EMPLOYER. THE PROVISIONS OF THIS SECTION SHALL NOT PRECLUDE AN
 EMPLOYEE AND EMPLOYER FROM AGREEING TO TERMINATE AN EXISTING  EMPLOYMENT
 RELATIONSHIP  AS  PART  OF  A SETTLEMENT OF A CLAIM.   IF A RELEASE OF A
 CLAIM IS RENDERED UNENFORCEABLE PURSUANT TO THIS SECTION,  THE  EMPLOYER
 SHALL  REMAIN BOUND BY ALL OTHER PROVISIONS OF THE SETTLEMENT AGREEMENT,
 INCLUDING THE OBLIGATION  TO  PROVIDE  THE  FULL  CONSIDERATION  TO  THE
 EMPLOYEE AS SET FORTH IN THE AGREEMENT.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall apply to all agreements entered into on  and
 after such date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15424-06-0

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