S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5411--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  labor law and the executive law, in relation to
   enacting the "anti-waiver of employment rights 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 "anti-waiver of employment rights act".
   § 2. Legislative findings and intent. 1.  The  legislature  finds  and
 declares  that it has always been its intention that the rights provided
 under the labor law and the human rights law be mandatory and non-waiva-
 ble  through  private  agreement.  The  legislature  further  finds  and
 declares  that  it is the policy of this state that workers be permitted
 to enforce these rights collectively, including through article 9 of the
 civil practice law and rules. However,  some  courts  have  misconstrued
 these statutes as permitting waivers of these statutory rights.
   2.  In  light  of these erroneous decisions, some employers have taken
 advantage of these decisions to require employees to sign  waivers  that
 purport to contractually shorten their statute of limitations for bring-
 ing  claims  under the labor law or human rights law, or that purport to
 waive other rights that employees have under the labor law and the human
 rights law, as well as procedural mechanisms  to  enforce  those  rights
 collectively,  such  as  article  9 of the civil practice law and rules.
 Such purported waivers have always  been  and  continue  to  be  against
 public policy.
   § 3. The labor law is amended by adding a new section 219-e to read as
 follows:
   §  219-E.  WAIVER  AGREEMENTS  VOID.  1.  WAIVERS  VOID. NO EXPRESS OR
 IMPLIED CONTRACTUAL PROVISION WAIVING OR OTHERWISE LIMITING ANY  EMPLOY-
 EE'S  SUBSTANTIVE  OR  PROCEDURAL  RIGHTS,  REMEDIES,  OR CLAIM, WHETHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05321-05-5
              

 A. 5411--A                          2
 
 ASSERTED OR  UNASSERTED  AND  WHETHER  LEGALLY  COGNIZABLE  OR  NOT,  IN
 CONNECTION  WITH THIS CHAPTER OR UNDER ANY EMPLOYMENT AGREEMENT SHALL BE
 VALID. EXCEPTIONS TO THIS SUBDIVISION SHALL EXIST FOR SUCH WAIVERS  THAT
 MAY  BE  MUTUALLY  AGREED  TO AND INCLUDED IN: (A) THE SETTLEMENT OF ANY
 GOOD FAITH BONA FIDE DISPUTE NOT RAISED OR INITIATED BY AN EMPLOYER; OR
   (B) AN AGREEMENT ENTERED UPON  OR  FOLLOWING  THE  TERMINATION  OF  AN
 EMPLOYEE'S  EMPLOYMENT.  THE  PROVISIONS  OF  THIS SUBDIVISION SHALL NOT
 APPLY WHERE APPLICATION OF SUCH PROVISIONS WOULD BE PREEMPTED BY FEDERAL
 LAW.
   2. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR SUBDIVISION  OF
 THIS SECTION SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO
 BE  INVALID,  SUCH  JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE THE
 REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
 SENTENCE, PARAGRAPH OR SUBDIVISION  THEREOF  DIRECTLY  INVOLVED  IN  THE
 CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED. IT IS HERE-
 BY  DECLARED TO BE THE INTENT OF THE LEGISLATURE THAT THIS SECTION WOULD
 HAVE BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT BEEN  INCLUDED
 HEREIN.
   3.  EXISTING  RIGHTS.  (A)  NOTHING IN THIS SECTION SHALL BE DEEMED TO
 DIMINISH THE RIGHTS, PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE  UNDER  ANY
 OTHER  LAW OR REGULATION OR UNDER ANY COLLECTIVE BARGAINING AGREEMENT OR
 EMPLOYMENT CONTRACT.
   (B) SUBDIVISION ONE OF THIS SECTION SHALL NOT  APPLY  TO  ANY  DISPUTE
 RESOLUTION  PROCESS  CONTAINED  IN  THE TERMS OF A COLLECTIVE BARGAINING
 AGREEMENT, OR WHERE SUCH WAIVER IN A COLLECTIVE BARGAINING AGREEMENT  IS
 EXPRESSLY  AUTHORIZED  IN  THE  STATUTE  ESTABLISHING THE SUBSTANTIVE OR
 PROCEDURAL RIGHT, PRIVILEGE, OR REMEDY.
   § 4. The executive law is amended by adding a new section 302 to  read
 as follows:
   §  302.  WAIVER AGREEMENT VOID. 1. WAIVERS VOID. NO EXPRESS OR IMPLIED
 CONTRACTUAL PROVISION  WAIVING  OR  OTHERWISE  LIMITING  ANY  EMPLOYEE'S
 SUBSTANTIVE  OR  PROCEDURAL RIGHTS, REMEDIES, OR CLAIM, WHETHER ASSERTED
 OR UNASSERTED AND WHETHER LEGALLY COGNIZABLE OR NOT, IN CONNECTION  WITH
 THIS   ARTICLE  OR  UNDER  ANY  EMPLOYMENT  AGREEMENT  SHALL  BE  VALID.
 EXCEPTIONS TO THIS SUBDIVISION SHALL EXIST FOR SUCH WAIVERS THAT MAY  BE
 MUTUALLY AGREED TO AND INCLUDED IN: (A) THE SETTLEMENT OF ANY GOOD FAITH
 BONA FIDE DISPUTE NOT RAISED OR INITIATED BY AN EMPLOYER; OR
   (B)  AN  AGREEMENT  ENTERED  UPON  OR  FOLLOWING THE TERMINATION OF AN
 EMPLOYEE'S EMPLOYMENT. THE PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT
 APPLY WHERE APPLICATION OF SUCH PROVISIONS WOULD BE PREEMPTED BY FEDERAL
 LAW.
   2.  SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR SUBDIVISION OF
 THIS SECTION SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO
 BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR,  OR  INVALIDATE  THE
 REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
 SENTENCE,  PARAGRAPH  OR  SUBDIVISION  THEREOF  DIRECTLY INVOLVED IN THE
 CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED. IT IS HERE-
 BY DECLARED TO BE THE INTENT OF THE LEGISLATURE THAT THIS SECTION  WOULD
 HAVE  BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT BEEN INCLUDED
 HEREIN.
   3. EXISTING RIGHTS. (A) NOTHING IN THIS SECTION  SHALL  BE  DEEMED  TO
 DIMINISH  THE  RIGHTS, PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY
 OTHER LAW OR REGULATION OR UNDER ANY COLLECTIVE BARGAINING AGREEMENT  OR
 EMPLOYMENT CONTRACT.
   (B)  SUBDIVISION  ONE  OF  THIS SECTION SHALL NOT APPLY TO ANY DISPUTE
 RESOLUTION PROCESS CONTAINED IN THE TERMS  OF  A  COLLECTIVE  BARGAINING
 A. 5411--A                          3
 
 AGREEMENT,  OR WHERE SUCH WAIVER IN A COLLECTIVE BARGAINING AGREEMENT IS
 EXPRESSLY AUTHORIZED IN THE  STATUTE  ESTABLISHING  THE  SUBSTANTIVE  OR
 PROCEDURAL RIGHT, PRIVILEGE, OR REMEDY.
   § 5. This act shall take effect immediately.