assembly Bill A1463

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 - On Floor Calendar


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 ordered to third reading cal.76
Jun 07, 2021 ordered to third reading rules cal.414
rules report cal.414
reported
Jun 02, 2021 reported referred to rules
May 26, 2021 reported referred to codes
Jan 11, 2021 referred to judiciary

Co-Sponsors

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Multi-Sponsors

A1463 (ACTIVE) - Details

See Senate Version of this Bill:
S562
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in 2019-2020 Legislative Session:
A5776, S3937

A1463 (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.

A1463 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1463
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ,  REYES,  SAYEGH, GOTTFRIED, GALEF,
   STIRPE, SIMON, STECK, CRUZ, GLICK,  ZEBROWSKI,  WEPRIN,  FERNANDEZ  --
   Multi-Sponsored by -- M. of A. COOK, ENGLEBRIGHT, GRIFFIN -- read once
   and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.