senate Bill S562

2021-2022 Legislative Session

Relates to prohibiting agreements between employers that directly restrict the current or future employment of any employee

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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
Jun 10, 2021 committed to rules
Apr 26, 2021 advanced to third reading
Apr 21, 2021 2nd report cal.
Apr 20, 2021 1st report cal.690
Jan 06, 2021 referred to judiciary

Votes

view votes

Apr 20, 2021 - Judiciary committee Vote

S562
10
0
committee
10
Aye
0
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Apr 20, 2021

Co-Sponsors

S562 (ACTIVE) - Details

See Assembly Version of this Bill:
A1463
Current Committee:
Senate Rules
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in 2019-2020 Legislative Session:
S3937, A5776

S562 (ACTIVE) - Summary

Prohibits agreements between employers that directly restrict the current or future employment of any employee and allows for a cause of action against employers who engage in such agreements.

S562 (ACTIVE) - Sponsor Memo

S562 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    562
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. HOYLMAN, MAY -- 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  prohibiting
   agreements  between  employers  that  directly restrict the current or
   future employment of any employee
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be  known  and may be cited as the "End
 Employer Collusion Act".
   § 2. The general obligations law is amended by adding  a  new  section
 5-338 to read as follows:
   §  5-338. AGREEMENTS BETWEEN CERTAIN EMPLOYERS RESTRICTING THE CURRENT
 OR FUTURE EMPLOYMENT OF AN EMPLOYEE VOID. (A) FOR THE PURPOSES  OF  THIS
 SECTION,  THE  FOLLOWING  TERM  "RESTRICTIVE EMPLOYMENT AGREEMENT" SHALL
 MEAN ANY AGREEMENT THAT:
   (I) IS INCLUDED IN A FRANCHISE AGREEMENT; AND
   (II) PROHIBITS OR RESTRICTS ONE OR MORE FRANCHISEES FROM SOLICITING OR
 HIRING THE EMPLOYEES OR FORMER EMPLOYEES OF THE  FRANCHISOR  OR  ANOTHER
 FRANCHISEE.
   (B)  NOTWITHSTANDING  ANY  OTHER LAW TO THE CONTRARY, NO FRANCHISOR OR
 PERSON ACTING ON ITS BEHALF  MAY  ENTER  INTO  OR  RENEW  A  RESTRICTIVE
 EMPLOYMENT  AGREEMENT,  ENFORCE  A  RESTRICTIVE EMPLOYMENT AGREEMENT, OR
 THREATEN TO ENFORCE A RESTRICTIVE EMPLOYMENT AGREEMENT AND ANY  RESTRIC-
 TIVE EMPLOYMENT AGREEMENT IS HEREBY VOID.
   (C)  EVERY  PERSON  WHO  WAS  DENIED  EMPLOYMENT  DUE TO A RESTRICTIVE
 EMPLOYMENT AGREEMENT OR WAS OTHERWISE DAMAGED  DUE  TO  A  VIOLATION  OF
 SUBDIVISION (B) OF THIS SECTION MAY MAINTAIN AN ACTION FOR DAMAGES EQUAL
 TO  THE  SUM  OF (I) ANY ACTUAL DAMAGES SUSTAINED BY THE INDIVIDUAL AS A
 RESULT OF SUCH VIOLATION, (II) SUCH AMOUNT OF PUNITIVE  DAMAGES  AS  THE
 COURT  MAY  ALLOW,  AND  (III)  IN  THE CASE OF ANY SUCCESSFUL ACTION TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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