|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 09, 2019||referred to labor|
assembly Bill A626
Current Bill Status - In Assembly Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Monica P. Wallace
Albert A. Stirpe
A626 (ACTIVE) - Details
A626 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 626 2019-2020 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2019 ___________ Introduced by M. of A. ROZIC, QUART, WALLACE, BARNWELL, STIRPE, MOSLEY, LUPARDO, D'URSO, GOTTFRIED, SIMON, BARRETT -- Multi-Sponsored by -- M. of A. HEVESI -- read once and referred 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- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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