Assembly Bill A8986

2023-2024 Legislative Session

Establishes the "no severance ultimatums act"

download bill text pdf

Sponsored By

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-A8986 (ACTIVE) - Details

See Senate Version of this Bill:
S7609
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §215-d, Lab L

2023-A8986 (ACTIVE) - Summary

Establishes the "no severance ultimatums act", which prevents employers from giving ultimatums to employees or former employees relating to such employee's severance from employment.

2023-A8986 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8986
 
                           I N  A S S E M B L Y
 
                             January 31, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee 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
 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.
 
              

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