senate Bill S766

2021-2022 Legislative Session

Relates to the resolution of certain claims by certain employees

download bill text pdf

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Current Bill Status - Passed Senate


  • 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
May 25, 2021 referred to judiciary
delivered to assembly
passed senate
Apr 26, 2021 advanced to third reading
Apr 21, 2021 2nd report cal.
Apr 20, 2021 1st report cal.691
Jan 06, 2021 referred to judiciary

Co-Sponsors

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S766 (ACTIVE) - Details

See Assembly Version of this Bill:
A2079
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in 2019-2020 Legislative Session:
S7819, A9993

S766 (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.

S766 (ACTIVE) - Sponsor Memo

S766 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    766
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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
 
 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

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