|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 25, 2021||referred to judiciary|
delivered to assembly
|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|
senate Bill S766
Current Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S766 (ACTIVE) - Details
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
BILL NUMBER: S766 SPONSOR: GOUNARDES TITLE OF BILL: An act to amend the general obligations law, in relation to the release of certain claims by certain employees PURPOSE OR GENERAL IDEA OF BILL: This bill bans "no-rehire" clauses in settlement contracts between employers and employees. SUMMARY OF PROVISIONS: Section 1 of the bill adds a new section 5-338 to General Obligations Law to provide that no release of a claim made by an employee or inde- pendent contractor against an employer shall be valid if, as part of the agreement resolving the claim, the employee or independent contractor is barred from applying for or accepting future employment with the employ- er or any entities related to the employer.
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
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.