Assembly Bill A8462

2023-2024 Legislative Session

Prohibits the enforcement of mandatory arbitration agreements clauses and joint-action waivers with respect to workplace disputes

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Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A8462 (ACTIVE) - Details

See Senate Version of this Bill:
S7925
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §7515, CPLR

2023-A8462 (ACTIVE) - Summary

Prohibits the enforcement of mandatory arbitration agreements clauses and joint-action waivers with respect to workplace disputes; clarifies that section 7515 of the civil practice laws and rules applies retroactively to nullify pre-existing illegal mandatory arbitration clauses.

2023-A8462 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8462
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to prohib-
   iting  the enforcement of mandatory arbitration agreements clauses and
   joint-action waivers with respect to workplace disputes

   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 "Workers'
 Rights Enforceability Act".
   § 2.  Legislative findings. 1. The legislature finds and declares that
 the use and enforcement of mandatory arbitration clauses  and  joint-ac-
 tion waivers in cases alleging workplace violations has been and contin-
 ues  to be contrary to New York public policy. Accordingly, when federal
 law does not require enforcement of mandatory  arbitration  clauses  and
 joint-action waivers, New York law does not permit their enforcement.
   2. The legislature further finds and declares that courts have miscon-
 strued previous amendments to section 7515 of the civil practice law and
 rules and that such amendments were intended and remain intended to have
 retroactive  effect and to nullify mandatory arbitration clauses entered
 into prior to the original enactment of section 7515 of the civil  prac-
 tice law and rules.
   §  3.  Section  7515  of the civil practice law and rules, as added by
 section 1 of subpart B of part KK of chapter 57 of  the  laws  of  2018,
 paragraphs  2  and 3 of subdivision (a) as amended by chapter 160 of the
 laws of 2019, is amended to read as follows:
   § 7515. Mandatory arbitration clauses; prohibited. (a) Definitions. As
 used in this section:
   1. The term "employer" shall have the  same  meaning  as  provided  in
 subdivision five of section two hundred ninety-two of the executive law.
   2.  The  term  "prohibited clause" shall mean any MANDATORY PREDISPUTE
 ARBITRATION clause [or provision] OR  ANY  MANDATORY  POSTDISPUTE  ARBI-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11041-04-3
              

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