Assembly Bill A6480A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6480--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced by M. of A. BRONSON, SHIMSKY, GLICK, TAYLOR, COLTON, JACOBSON
   --  read  once  and  referred  to  the Committee on Labor -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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 COERCIVE SEVERANCE ULTIMATUMS. 1. DEFI-
 NITIONS. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING 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.
   (C) "SEVERANCE AGREEMENT"  SHALL  MEAN  AN  AGREEMENT  OFFERED  BY  AN
 EMPLOYER  TO  AN  EMPLOYEE  UPON SEPARATION OF EMPLOYMENT AND RELATED TO
 SUCH SEPARATION THAT REQUIRES SUCH EMPLOYEE TO RELEASE  WAIVABLE  CLAIMS
 AGAINST THEIR EMPLOYER.
   2.  SEVERANCE  ULTIMATUMS. ANY EMPLOYER OFFERING AN EMPLOYEE OR FORMER
 EMPLOYEE A SEVERANCE AGREEMENT SHALL NOTIFY SUCH EMPLOYEE THAT:
   (A) SUCH EMPLOYEE HAS THE RIGHT TO CONSULT AN ATTORNEY REGARDING  SUCH
 AGREEMENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00738-04-5
 A. 6480--A                          2
 
              

   (B) SUCH EMPLOYEE SHALL BE PROVIDED WITH A CONSIDERATION PERIOD OF NOT
 LESS  THAN  TWENTY-ONE CALENDAR DAYS WITHIN WHICH TO CONSIDER THE AGREE-
 MENT;
   (C) SUCH EMPLOYEE MAY REVOKE SUCH AGREEMENT WITHIN SEVEN CALENDAR DAYS
 OF  THE  EXECUTION OF SUCH AGREEMENT, AND THE AGREEMENT SHALL NOT BECOME
 EFFECTIVE OR ENFORCEABLE UNTIL SUCH REVOCATION PERIOD HAS EXPIRED; AND
   (D) SUCH EMPLOYEE MAY SIGN SUCH AGREEMENT PRIOR  TO  THE  END  OF  THE
 CONSIDERATION  PERIOD SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION, AS
 LONG AS SUCH EMPLOYEE'S DECISION TO SHORTEN SUCH CONSIDERATION PERIOD IS
 KNOWING, VOLUNTARY, AND NOT  INDUCED  BY  THE  EMPLOYER  THROUGH  FRAUD,
 MISREPRESENTATION,  OR  A THREAT TO WITHDRAW OR ALTER SUCH CONSIDERATION
 PERIOD PRIOR TO THE EXPIRATION  OF  SUCH  CONSIDERATION  PERIOD,  OR  BY
 PROVIDING  DIFFERENT  TERMS TO SUCH EMPLOYEE IF SUCH EMPLOYEE SIGNS SUCH
 AGREEMENT PRIOR TO THE EXPIRATION OF SUCH CONSIDERATION PERIOD.
   3. THE PROVISIONS OF THIS SECTION  MAY  BE  WAIVED  BY  ANY  SEVERANCE
 AGREEMENT  THAT SPECIFICALLY ACKNOWLEDGES THE PROVISIONS OF THIS SECTION
 AND NEGOTIATED PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT.
   4. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, ANY SEVERANCE AGREE-
 MENT  SHALL  BE  DEEMED  VOID  AND  UNENFORCEABLE  IF  IT  VIOLATES  THE
 PROVISIONS OF SUBDIVISION TWO OF THIS SECTION.
   5.  NOTHING  HEREIN  SHALL BE DEEMED IN ANY WAY TO LIMIT, RESTRICT, OR
 IMPAIR ANY LAW, RULE, OR REGULATION FROM PROVIDING  GREATER  PROTECTIONS
 THAN PROVIDED FOR IN THIS SECTION.
   § 3. This act shall take effect immediately.