senate Bill S7819B

2019-2020 Legislative Session

Relates to the resolution of certain claims by certain employees

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Archive: Last Bill Status - In Senate Committee Judiciary 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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 14, 2020 print number 7819b
Jul 14, 2020 amend and recommit to judiciary
Jun 04, 2020 print number 7819a
Jun 04, 2020 amend and recommit to judiciary
Feb 25, 2020 referred to judiciary

Co-Sponsors

view additional co-sponsors

S7819 - Details

See Assembly Version of this Bill:
A9993
Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in 2021-2022 Legislative Session:
S766, A2079

S7819 - 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.

S7819 - Sponsor Memo

S7819 - Bill Text download pdf


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

                                  7819

                            I N  S E N A T E

                            February 25, 2020
                               ___________

Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
  printed to be committed 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

view additional co-sponsors

S7819A - Details

See Assembly Version of this Bill:
A9993
Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in 2021-2022 Legislative Session:
S766, A2079

S7819A - 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.

S7819A - Sponsor Memo

S7819A - Bill Text download pdf


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

                                 7819--A

                            I N  S E N A T E

                            February 25, 2020
                               ___________

Introduced  by Sens. GOUNARDES, BIAGGI, GAUGHRAN, HOYLMAN, KRUEGER, LIU,
  MAYER, RIVERA, SANDERS, SKOUFIS -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted 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 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.   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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15424-03-0

Co-Sponsors

view additional co-sponsors

S7819B (ACTIVE) - Details

See Assembly Version of this Bill:
A9993
Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in 2021-2022 Legislative Session:
S766, A2079

S7819B (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.

S7819B (ACTIVE) - Sponsor Memo

S7819B (ACTIVE) - Bill Text download pdf


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

                                 7819--B

                            I N  S E N A T E

                            February 25, 2020
                               ___________

Introduced  by Sens. GOUNARDES, BIAGGI, GAUGHRAN, HOYLMAN, KRUEGER, LIU,
  MAYER, RIVERA, SANDERS, SKOUFIS -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  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.

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