Senate Bill S372A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  372--A
     Cal. No. 442
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  GIANARIS, WEBB -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor -- reported
   favorably from said committee and committed to the Committee on  Rules
   -- reported favorably from said committee, ordered to a third reading,
   passed  by Senate and delivered to the Assembly, recalled, vote recon-
   sidered, restored to third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00738-05-5
 S. 372--A                           2
 
   (A)  SUCH EMPLOYEE HAS THE RIGHT TO CONSULT AN ATTORNEY REGARDING SUCH
 AGREEMENT;
   (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.