| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jul 15, 2020 | print number 9993a |
| Jul 15, 2020 | amend and recommit to judiciary |
| Mar 04, 2020 | referred to judiciary |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Bill Amendments
Co-Sponsors
Linda Rosenthal
Michael Blake
Sandy Galef
Jo Anne Simon
A9993 - Details
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.
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
Linda Rosenthal
Michael Blake
Sandy Galef
Jo Anne Simon
A9993A (ACTIVE) - Details
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.
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