Assembly Bill A8154

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8154
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 13, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Labor
 
 AN  ACT  to  amend  the  labor  law, in relation to establishing the "no
   severance ultimatums act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "no severance ultimatums act".
   § 2. The labor law is amended by adding a new section 215-d to read as
 follows:
   § 215-D. PROHIBITION AGAINST SEVERANCE ULTIMATUMS. 1. DEFINITIONS. FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "EMPLOYEE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION ONE
 HUNDRED NINETY OF THIS CHAPTER.
   (B) "EMPLOYER" SHALL:
   (I) HAVE THE SAME MEANING AS SET FORTH IN SECTION ONE  HUNDRED  NINETY
 OF THIS CHAPTER; AND
   (II) INCLUDE GOVERNMENTAL AGENCIES.
   2.  SEVERANCE ULTIMATUMS PROHIBITED. ANY EMPLOYER OFFERING AN EMPLOYEE
 OR FORMER EMPLOYEE AN AGREEMENT RELATED  TO  SUCH  EMPLOYEE'S  SEVERANCE
 FROM EMPLOYMENT SHALL NOTIFY SUCH EMPLOYEE THAT:
   (A)  SUCH EMPLOYEE HAS THE RIGHT TO CONSULT AN ATTORNEY REGARDING SUCH
 AGREEMENT, AND PROVIDE SUCH EMPLOYEE WITH A REASONABLE  PERIOD  OF  TIME
 NOT LESS THAN TWENTY-ONE BUSINESS DAYS IN WHICH TO DO SO;
   (B)  SUCH  EMPLOYEE MAY REVOKE SUCH AGREEMENT WITHIN SEVEN DAYS OF THE
 EXECUTION OF SUCH AGREEMENT, AND THE AGREEMENT SHALL NOT  BECOME  EFFEC-
 TIVE OR ENFORCEABLE UNTIL SUCH REVOCATION PERIOD HAS EXPIRED; AND
   (C)  SUCH  EMPLOYEE  MAY  SIGN SUCH AGREEMENT PRIOR TO THE END OF SUCH
 REVOCATION PERIOD, AS LONG AS SUCH EMPLOYEE'S DECISION TO  SHORTEN  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11903-01-3
 A. 8154                             2
              

 
 REVOCATION PERIOD IS KNOWING, VOLUNTARY, AND NOT INDUCED BY THE EMPLOYER
 THROUGH  FRAUD, MISREPRESENTATION, OR A THREAT TO WITHDRAW OR ALTER SUCH
 REVOCATION PERIOD PRIOR TO THE EXPIRATION OF SUCH REVOCATION PERIOD,  OR
 BY  PROVIDING  DIFFERENT  TERMS  TO SUCH EMPLOYEE IF SUCH EMPLOYEE SIGNS
 SUCH AGREEMENT PRIOR TO THE EXPIRATION OF SUCH REVOCATION PERIOD.
   § 3. This act shall take effect immediately.