|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 05, 2019||referred to labor|
senate Bill S3294
Current Bill Status - In Senate Committee Labor Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3294 (ACTIVE) - Details
S3294 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3294 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the labor law, in relation to contract provisions waiving certain substantive and procedural rights PURPOSE: This bill would prevent the enforcement of certain employee contract provisions that conceal certain details or waive procedural rights or remedies. SUMMARY OF PROVISIONS: Section 1 of the bill adds a new section 211-b to the labor law. Subdivision 1 of section 211-b provides that contract provisions which waive a procedural right or remedy related to a claim of discrimination, nonpayment of wages or benefits, retaliation, harassment or violation of public policy in employment shall be deemed unconscionable, void and unenforceable.
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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