Relates to prohibiting contract provisions that waive certain substantive and procedural rights

BILL NUMBER:S4388A

Title of bill

An act to amend the labor law, in relation to contract provisions waiv- ing certain substantive and procedural rights

Purpose

This bill would prevent the enforcement of certain employee contract provisions that would waive procedural rights or remedies.

Summary of provisions

Section one adds new section 211-b to the labor law providing that contract provisions that waive a procedural right or remedy relating to a claim of discrimination, non-payment of wages or benefits, retali- ation, harassment or violation of public policy shall be deemed uncon- scionable, void and unenforceable. Prohibits retaliatory action from the employer for failure by employee to enter into such contract.

Section two sets the effective date.

Justification

Any effort by an employer to have an employee give up important and long standing rights must be done openly and transparently so as to afford the employee to understand the nature of those rights, including, but not limited to waiving procedural rights and opting for arbitration of disputes. Requiring employees to enter into agreements waiving their right to long standing and hard fought protections including access to courts and legal remedies is unconscionable. The presentation of such provisions or waivers without the requisite transparency produces a hostile work environment, such that the employee believes he or she has no choice but to accept these conditions to continue employment. This bill would reaffirm New York's continued commitment to employees rights.

Legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately and shall apply to all contracts entered into, renewed, modified or amended on or after such date.