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Assembly Bill A856

2023-2024 Legislative Session

Relates to prohibiting certain conditions or preconditions of employment

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2023-A856 (ACTIVE) - Details

See Senate Version of this Bill:
S3258
Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2019-2020: A5777, S3754
2021-2022: A1514, S1345
2025-2026: A1214, S7433

2023-A856 (ACTIVE) - Summary

Prohibits employers from requiring certain conditions or preconditions of employment.

2023-A856 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    856
 
                        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, SIMON, STIRPE, STECK,
   GLICK, ZEBROWSKI, WEPRIN, CRUZ, KELLES, JACKSON -- Multi-Sponsored  by
   -- M. of A. COOK -- read once and referred to the Committee on Judici-
   ary
 
 AN  ACT to amend the general obligations law, in relation to prohibiting
   employers  from  requiring  certain  conditions  or  preconditions  of
   employment
 
   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.  CONDITIONS  AND  PRECONDITIONS OF EMPLOYMENT. 1. AS USED IN
 THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EMPLOYER" MEANS ANY PERSON, EITHER INDIVIDUAL, CORPORATION, PART-
 NERSHIP, AGENCY, OR FIRM, THAT EMPLOYS  AN  EMPLOYEE  AND  INCLUDES  ANY
 PERSON,  EITHER  INDIVIDUAL,  CORPORATION, PARTNERSHIP, AGENCY, OR FIRM,
 ACTING DIRECTLY OR INDIRECTLY IN THE INTEREST OF AN EMPLOYER IN RELATION
 TO AN EMPLOYEE; AND
   (B) "EMPLOYEE" MEANS ANY PERSON EMPLOYED BY OR SUFFERED  OR  PERMITTED
 TO WORK FOR AN EMPLOYER.
   2.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, NO EMPLOYER
 SHALL REQUIRE AS A CONDITION OR  PRECONDITION  OF  EMPLOYMENT  THAT  ANY
 EMPLOYEE  OR  PERSON  SEEKING  EMPLOYMENT WAIVE, ARBITRATE, OR OTHERWISE
 DIMINISH ANY EXISTING OR FUTURE CLAIM, RIGHT, OR BENEFIT  TO  WHICH  THE
 EMPLOYEE  OR PERSON SEEKING EMPLOYMENT WOULD OTHERWISE BE ENTITLED UNDER
 ANY PROVISION OF ANY NEW YORK STATE OR FEDERAL LAW.
   3. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  CONTRACTS  OR
 AGREEMENTS  NEGOTIATED  WITH ANY LABOR UNION THROUGH COLLECTIVE BARGAIN-
 ING.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00706-01-3

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