senate Bill S3937C

2019-2020 Legislative Session

Relates to prohibiting agreements between employers that directly restrict the current or future employment of any employee

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 28, 2020 committed to rules
Feb 03, 2020 advanced to third reading
Jan 29, 2020 2nd report cal.
amended 3937c
Jan 28, 2020 1st report cal.297
Jan 08, 2020 referred to judiciary
Jun 20, 2019 committed to rules
Jun 12, 2019 amended on third reading 3937b
Apr 29, 2019 advanced to third reading
Apr 10, 2019 2nd report cal.
Apr 09, 2019 1st report cal.431
Apr 03, 2019 print number 3937a
Apr 03, 2019 amend and recommit to judiciary
Feb 21, 2019 referred to judiciary

Votes

view votes

Jan 28, 2020 - Judiciary committee Vote

S3937B
12
0
committee
12
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Apr 9, 2019 - Judiciary committee Vote

S3937A
13
0
committee
13
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

S3937 - Details

See Assembly Version of this Bill:
A5776
Current Committee:
Senate Rules
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in 2021-2022 Legislative Session:
S562, A1463

S3937 - Summary

Prohibits agreements between employers that directly restrict the current or future employment of any employee and allows for a cause of action against employers who engage in such agreements.

S3937 - Sponsor Memo

S3937 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3937
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the general obligations law, in relation to  prohibiting
   agreements  between  employers  that  directly restrict the current or
   future employment of any employee

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be  known  and may be cited as the "End
 Employer Collusion Act".
   § 2. The general obligations law is amended by adding  a  new  section
 5-337 to read as follows:
   §  5-337.  AGREEMENTS  BETWEEN  EMPLOYERS  RESTRICTING  THE CURRENT OR
 FUTURE EMPLOYMENT OF AN EMPLOYEE VOID. (A)  FOR  THE  PURPOSES  OF  THIS
 SECTION,  THE  FOLLOWING  TERM  "RESTRICTIVE EMPLOYMENT AGREEMENT" SHALL
 MEAN ANY AGREEMENT THAT:
   (I) IS BETWEEN TWO OR MORE EMPLOYERS, INCLUDING  THROUGH  A  FRANCHISE
 AGREEMENT OR A CONTRACTOR-SUBCONTRACTOR AGREEMENT; AND
   (II)  PROHIBITS  OR  RESTRICTS  ONE EMPLOYER FROM SOLICITING OR HIRING
 ANOTHER EMPLOYER'S EMPLOYEES OR FORMER EMPLOYEES.
   (B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, NO  EMPLOYER  SHALL
 ENTER  INTO  A  RESTRICTIVE  EMPLOYMENT AGREEMENT WITH ANOTHER EMPLOYER,
 ENFORCE A RESTRICTIVE EMPLOYMENT AGREEMENT  OR  THREATEN  TO  ENFORCE  A
 RESTRICTIVE  EMPLOYMENT  AGREEMENT AND ANY RESTRICTIVE EMPLOYMENT AGREE-
 MENT IS HEREBY DECLARED TO BE CONTRARY TO PUBLIC POLICY AND WHOLLY VOID.
   (C) EVERY PERSON WHO  WAS  DENIED  EMPLOYMENT  DUE  TO  A  RESTRICTIVE
 EMPLOYMENT  AGREEMENT  OR  WAS  OTHERWISE  DAMAGED DUE TO A VIOLATION OF
 SUBDIVISION (B) OF THIS SECTION  MAY,  WITHIN  THREE  YEARS  AFTER  SUCH
 DENIAL OF EMPLOYMENT, SUE FOR AND RECOVER A JUDGMENT EQUAL TO THE SUM OF
 (I)  ANY  ACTUAL DAMAGES SUSTAINED BY THE INDIVIDUAL AS A RESULT OF SUCH
 VIOLATION, (II) SUCH AMOUNT OF PUNITIVE DAMAGES AS THE COURT MAY  ALLOW,
 AND  (III) IN THE CASE OF ANY SUCCESSFUL ACTION TO ENFORCE ANY LIABILITY
 UNDER THIS SECTION, THE COSTS OF THE  ACTION  TOGETHER  WITH  REASONABLE
 ATTORNEY'S FEES AS DETERMINED BY THE COURT.
   § 3. This act shall take effect immediately.

Co-Sponsors

S3937A - Details

See Assembly Version of this Bill:
A5776
Current Committee:
Senate Rules
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in 2021-2022 Legislative Session:
S562, A1463

S3937A - Summary

Prohibits agreements between employers that directly restrict the current or future employment of any employee and allows for a cause of action against employers who engage in such agreements.

S3937A - Sponsor Memo

S3937A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3937--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the general obligations law, in relation to prohibiting
   agreements between employers that directly  restrict  the  current  or
   future employment of any employee
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known  and  may  be  cited  as  the  "End
 Employer Collusion Act".
   §  2.  The  general obligations law is amended by adding a new section
 5-337 to read as follows:
   § 5-337. AGREEMENTS  BETWEEN  EMPLOYERS  RESTRICTING  THE  CURRENT  OR
 FUTURE  EMPLOYMENT  OF  AN  EMPLOYEE  VOID. (A) FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERM  "RESTRICTIVE  EMPLOYMENT  AGREEMENT"  SHALL
 MEAN ANY AGREEMENT THAT:
   (I)  IS  BETWEEN  TWO OR MORE EMPLOYERS, INCLUDING THROUGH A FRANCHISE
 AGREEMENT OR A CONTRACTOR-SUBCONTRACTOR AGREEMENT; AND
   (II) PROHIBITS OR RESTRICTS ONE EMPLOYER  FROM  SOLICITING  OR  HIRING
 ANOTHER EMPLOYER'S EMPLOYEES OR FORMER EMPLOYEES.
   (B)  NOTWITHSTANDING  ANY OTHER LAW TO THE CONTRARY, NO EMPLOYER SHALL
 ENTER INTO A RESTRICTIVE EMPLOYMENT  AGREEMENT  WITH  ANOTHER  EMPLOYER,
 ENFORCE  A  RESTRICTIVE  EMPLOYMENT  AGREEMENT  OR THREATEN TO ENFORCE A
 RESTRICTIVE EMPLOYMENT AGREEMENT AND ANY RESTRICTIVE  EMPLOYMENT  AGREE-
 MENT IS HEREBY DECLARED TO BE CONTRARY TO PUBLIC POLICY AND WHOLLY VOID.
   (C)  EVERY  PERSON  WHO  WAS  DENIED  EMPLOYMENT  DUE TO A RESTRICTIVE
 EMPLOYMENT AGREEMENT OR WAS OTHERWISE DAMAGED  DUE  TO  A  VIOLATION  OF
 SUBDIVISION (B) OF THIS SECTION MAY MAINTAIN AN ACTION FOR DAMAGES EQUAL
 TO  THE  SUM  OF (I) ANY ACTUAL DAMAGES SUSTAINED BY THE INDIVIDUAL AS A
 RESULT OF SUCH VIOLATION, (II) SUCH AMOUNT OF PUNITIVE  DAMAGES  AS  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S3937B - Details

See Assembly Version of this Bill:
A5776
Current Committee:
Senate Rules
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in 2021-2022 Legislative Session:
S562, A1463

S3937B - Summary

Prohibits agreements between employers that directly restrict the current or future employment of any employee and allows for a cause of action against employers who engage in such agreements.

S3937B - Sponsor Memo

S3937B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3937--B
     Cal. No. 431
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, MAYER -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported favorably from said  commit-
   tee,  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 general obligations law, in relation to prohibiting
   agreements between employers that directly  restrict  the  current  or
   future employment of any employee
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known  and  may  be  cited  as  the  "End
 Employer Collusion Act".
   §  2.  The  general obligations law is amended by adding a new section
 5-337 to read as follows:
   § 5-337. AGREEMENTS BETWEEN CERTAIN EMPLOYERS RESTRICTING THE  CURRENT
 OR  FUTURE  EMPLOYMENT OF AN EMPLOYEE VOID. (A) FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERM  "RESTRICTIVE  EMPLOYMENT  AGREEMENT"  SHALL
 MEAN ANY AGREEMENT THAT:
   (I) IS INCLUDED IN A FRANCHISE AGREEMENT; AND
   (II) PROHIBITS OR RESTRICTS ONE OR MORE FRANCHISEES FROM SOLICITING OR
 HIRING  THE  EMPLOYEES  OR FORMER EMPLOYEES OF THE FRANCHISOR OR ANOTHER
 FRANCHISEE.
   (B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY,  NO  FRANCHISOR  OR
 PERSON  ACTING  ON  ITS  BEHALF  MAY  ENTER  INTO OR RENEW A RESTRICTIVE
 EMPLOYMENT AGREEMENT, ENFORCE A  RESTRICTIVE  EMPLOYMENT  AGREEMENT,  OR
 THREATEN  TO ENFORCE A RESTRICTIVE EMPLOYMENT AGREEMENT AND ANY RESTRIC-
 TIVE EMPLOYMENT AGREEMENT IS HEREBY VOID.
   (C) EVERY PERSON WHO  WAS  DENIED  EMPLOYMENT  DUE  TO  A  RESTRICTIVE
 EMPLOYMENT  AGREEMENT  OR  WAS  OTHERWISE  DAMAGED DUE TO A VIOLATION OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S3937C (ACTIVE) - Details

See Assembly Version of this Bill:
A5776
Current Committee:
Senate Rules
Law Section:
General Obligations Law
Laws Affected:
Add §5-338, Gen Ob L
Versions Introduced in 2021-2022 Legislative Session:
S562, A1463

S3937C (ACTIVE) - Summary

Prohibits agreements between employers that directly restrict the current or future employment of any employee and allows for a cause of action against employers who engage in such agreements.

S3937C (ACTIVE) - Sponsor Memo

S3937C (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3937--C
     Cal. No. 297
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, MAYER -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported favorably from said  commit-
   tee,  ordered  to first and second report, ordered to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third  reading -- recommitted to the Committee on Judiciary in accord-
   ance with Senate Rule 6,  sec.  8  --  reported  favorably  from  said
   committee,  ordered  to first report, amended on first report, ordered
   to a second report and ordered reprinted, retaining its place  in  the
   order of second report
 
 AN  ACT to amend the general obligations law, in relation to prohibiting
   agreements between employers that directly  restrict  the  current  or
   future employment of any employee
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known  and  may  be  cited  as  the  "End
 Employer Collusion Act".
   §  2.  The  general obligations law is amended by adding a new section
 5-338 to read as follows:
   § 5-338. AGREEMENTS BETWEEN CERTAIN EMPLOYERS RESTRICTING THE  CURRENT
 OR  FUTURE  EMPLOYMENT OF AN EMPLOYEE VOID. (A) FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERM  "RESTRICTIVE  EMPLOYMENT  AGREEMENT"  SHALL
 MEAN ANY AGREEMENT THAT:
   (I) IS INCLUDED IN A FRANCHISE AGREEMENT; AND
   (II) PROHIBITS OR RESTRICTS ONE OR MORE FRANCHISEES FROM SOLICITING OR
 HIRING  THE  EMPLOYEES  OR FORMER EMPLOYEES OF THE FRANCHISOR OR ANOTHER
 FRANCHISEE.
   (B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY,  NO  FRANCHISOR  OR
 PERSON  ACTING  ON  ITS  BEHALF  MAY  ENTER  INTO OR RENEW A RESTRICTIVE
 EMPLOYMENT AGREEMENT, ENFORCE A  RESTRICTIVE  EMPLOYMENT  AGREEMENT,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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