S T A T E O F N E W Y O R K
________________________________________________________________________
1214
2025-2026 Regular Sessions
I N A S S E M B L Y
January 9, 2025
___________
Introduced by M. of A. DINOWITZ, REYES, SAYEGH, SIMON, STIRPE, STECK,
GLICK, WEPRIN, CRUZ, KELLES, JACKSON, ROSENTHAL, TAPIA -- Multi-Spon-
sored 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
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.
LBD01725-01-5
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