The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    398
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. ROZIC, QUART, WALLACE, BARNWELL, STIRPE, LUPARDO,
   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.

                                                            LBD02691-01-1

 A. 398                              2
 
 FIVE  OF  THE CIVIL PRACTICE LAW AND RULES OR THE AMOUNT OF ANY MONETARY
 CONSIDERATION PROVIDED IN A SETTLEMENT.
   3. WHOEVER ENFORCES OR ATTEMPTS TO ENFORCE A WAIVER DEEMED UNCONSCION-
 ABLE,  VOID  OR  UNENFORCEABLE  UNDER  THIS  SECTION SHALL BE LIABLE FOR
 REASONABLE ATTORNEY'S FEES AND COSTS.
   4. NO PERSON OR EMPLOYER SHALL TAKE ANY RETALIATORY ACTION, INCLUDING,
 BUT NOT LIMITED TO, FAILURE TO HIRE,  DISCHARGE,  SUSPENSION,  DEMOTION,
 DISCRIMINATION  IN THE TERMS, CONDITIONS OR PRIVILEGES OF EMPLOYMENT, OR
 OTHER ADVERSE ACTION, AGAINST A PERSON,  BECAUSE  THE  PERSON  DOES  NOT
 ENTER INTO AN AGREEMENT OR CONTRACT THAT CONTAINS A WAIVER DEEMED UNCON-
 SCIONABLE, VOID OR UNENFORCEABLE UNDER THIS SECTION.
   5. A PERSON AGGRIEVED OF A VIOLATION OF THIS SECTION MAY, WITHIN THREE
 YEARS  AFTER THE VIOLATION, INSTITUTE AND PROSECUTE IN SUCH PERSON'S OWN
 NAME AND ON SUCH PERSON'S OWN BEHALF A CIVIL ACTION FOR TORTS  REMEDIES,
 INJUNCTIVE RELIEF, AND THE COSTS OF LITIGATION AND REASONABLE ATTORNEY'S
 FEES.  THE  RIGHTS  AND  REMEDIES CONTAINED IN THIS SECTION SHALL NOT BE
 EXCLUSIVE AND SHALL NOT PREEMPT OTHER PROCEDURES AND REMEDIES  AVAILABLE
 UNDER OTHER APPLICABLE LAWS.
   §  2. Severability clause.  If any clause, sentence, paragraph, subdi-
 vision, section or part of this act shall be adjudged by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act  shall take effect immediately and shall apply to all
 contracts entered into, renewed, modified or amended on  or  after  such
 date.