senate Bill S3294

2019-2020 Legislative Session

Relates to prohibiting contract provisions that waive certain substantive and procedural rights

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 05, 2019 referred to labor

Co-Sponsors

S3294 (ACTIVE) - Details

See Assembly Version of this Bill:
A626
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §211-b, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4388
2017-2018: S6382, A8765

S3294 (ACTIVE) - Summary

Relates to prohibiting contract provisions that waive certain substantive and procedural rights.

S3294 (ACTIVE) - Sponsor Memo

S3294 (ACTIVE) - Bill Text download pdf


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

                                  3294

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 5, 2019
                               ___________

Introduced by Sens. HOYLMAN, KRUEGER, STAVISKY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Labor

AN  ACT to amend the labor law, in relation to contract provisions waiv-
  ing certain substantive and procedural rights

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The labor law is amended by adding a new section 211-b to
read as follows:
  § 211-B. CONTRACTS; CERTAIN PROVISIONS PROHIBITED. 1. A  PROVISION  IN
ANY  CONTRACT  WAIVING  ANY  SUBSTANTIVE  OR  PROCEDURAL RIGHT OR REMEDY
RELATING TO A CLAIM OF DISCRIMINATION, NON-PAYMENT OF WAGES OR BENEFITS,
RETALIATION, HARASSMENT OR VIOLATION  OF  PUBLIC  POLICY  IN  EMPLOYMENT
SHALL  BE DEEMED UNCONSCIONABLE, VOID AND UNENFORCEABLE, WITH RESPECT TO
ANY SUCH CLAIM ARISING AFTER THE WAIVER IS  MADE.  NO  RIGHT  OR  REMEDY
ARISING  UNDER  THIS  SECTION,  THIS  CHAPTER,  COMMON  LAW,  ANY  OTHER
PROVISION OF LAW OR RULE OF PROCEDURE OR THE CONSTITUTION SHALL BE PROS-
PECTIVELY WAIVED. THIS SECTION SHALL NOT RENDER  VOID  OR  UNENFORCEABLE
THE  REMAINDER  OF  THE  CONTRACT OR AGREEMENT.   THE PROVISIONS OF THIS
SUBDIVISION SHALL NOT APPLY TO THE TERMS OF  ANY  COLLECTIVE  BARGAINING
AGREEMENT  BETWEEN  AN  EMPLOYER AND THE BONA FIDE COLLECTIVE BARGAINING
REPRESENTATIVE OF THAT EMPLOYER'S EMPLOYEES.
  2.  A PROVISION IN ANY CONTRACT OR AGREEMENT WHICH HAS THE PURPOSE  OR
EFFECT  OF CONCEALING THE DETAILS RELATING TO A CLAIM OF DISCRIMINATION,
NON-PAYMENT OF WAGES OR BENEFITS, RETALIATION, HARASSMENT  OR  VIOLATION
OF  PUBLIC  POLICY IN EMPLOYMENT, INCLUDING CLAIMS THAT ARE SUBMITTED TO
ARBITRATION, SHALL BE DEEMED UNCONSCIONABLE, VOID AND UNENFORCEABLE. THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE TERMS  AND  CONDI-
TIONS  OF  AN AWARD ISSUED BY AN ARBITRATOR PURSUANT TO ARTICLE SEVENTY-
FIVE OF THE CIVIL PRACTICE LAW AND RULES OR THE AMOUNT OF  ANY  MONETARY
CONSIDERATION PROVIDED IN A SETTLEMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01174-01-9

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