S T A T E O F N E W Y O R K
________________________________________________________________________
4424--A
Cal. No. 1192
2025-2026 Regular Sessions
I N S E N A T E
February 4, 2025
___________
Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor -- reported favora-
bly from said committee, ordered to first and second report, ordered
to a third reading, amended and ordered reprinted, retaining its place
in the order of third reading
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05321-04-5
S. 4424--A 2
§ 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
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
S. 4424--A 3
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.
§ 5. This act shall take effect immediately.