Do you support this bill?

Assembly Bill A688

2023-2024 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

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

co-Sponsors

multi-Sponsors

2023-A688 (ACTIVE) - Details

See Senate Version of this Bill:
S3264
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2019-2020: A5776, S3937
2021-2022: A1463, S562
2025-2026: A87, S7437

2023-A688 (ACTIVE) - Summary

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

2023-A688 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    688
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, REYES, SAYEGH, STIRPE, SIMON, STECK,
   CRUZ, GLICK, ZEBROWSKI, WEPRIN, L. ROSENTHAL -- Multi-Sponsored by  --
   M. of A. COOK -- 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
 COURT MAY ALLOW, AND (III) IN THE  CASE  OF  ANY  SUCCESSFUL  ACTION  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00684-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.