assembly Bill A398

2021-2022 Legislative Session

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

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Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2021 referred to labor

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Multi-Sponsors

A398 (ACTIVE) - Details

See Senate Version of this Bill:
S724
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §211-b, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4388
2017-2018: A8765, S6382
2019-2020: A626, S3294

A398 (ACTIVE) - Summary

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

A398 (ACTIVE) - Bill Text download pdf

 
                     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.