What's happening
This bill prohibits employment contracts from waiving rights or concealing claims related to discrimination, wage issues, retaliation, harassment, or public policy violations.
Why it matters
Strengthens employee legal rights. by ensuring that workers cannot be forced, through contracts, to give up the ability to challenge discrimination, unpaid wages, retaliation, harassment, or violations of public policy in court or other forums.
Increases transparency in workplace disputes. by making contract provisions that hide the details of workplace claims (even in arbitration) unenforceable, except for the specific terms of an arbitration award or settlement amount—potentially reducing the use of nondisclosure agreements to silence victims.
Provides tangible consequences for employers. by requiring those who try to enforce illegal waivers to pay the other party’s attorney’s fees and costs, and by allowing employees to sue for damages, injunctive relief, and legal costs if they face retaliation for refusing such waivers.
Empowers individual action and preserves other remedies. by explicitly allowing workers to bring their own lawsuits within three years and clarifying that these new rights do not limit or replace any other legal remedies available under state or federal law.
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Who cares
Headline styles
Ban Waivers of Worker Rights
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 25
11 Co-sponsors
1 Multi-sponsor
History
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Waivers of Worker Rights
In Senate Committee · Labor · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
626
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. ROZIC, QUART, WALLACE, BARNWELL, STIRPE, MOSLEY, LUPARDO, D'URSO, GOTTFRIED, SIMON, BARRETT -- Multi-Sponsored by -- M. of A. HEVESI -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to contract provisions waiving certain substantive and procedural rights
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The labor law is amended by adding a new section 211-b to read as follows:
§ 211-b. Contracts; certain provisions prohibited. 1. A provision in any contract waiving any substantive or procedural right or remedy relating to a claim of discrimination, non-payment of wages or benefits, retaliation, harassment or violation of public policy in employment shall be deemed unconscionable, void and unenforceable, with respect to any such claim arising after the waiver is made. No right or remedy arising under this section, this chapter, common law, any other provision of law or rule of procedure or the constitution shall be prospectively waived. This section shall not render void or unenforceable the remainder of the contract or agreement. The provisions of this subdivision shall not apply to the terms of any collective bargaining agreement between an employer and the bona fide collective bargaining representative of that employer's employees.
2. A provision in any contract or agreement which has the purpose or effect of concealing the details relating to a claim of discrimination, non-payment of wages or benefits, retaliation, harassment or violation of public policy in employment, including claims that are submitted to arbitration, shall be deemed unconscionable, void and unenforceable. The provisions of this subdivision shall not apply to the terms and conditions of an award issued by an arbitrator pursuant to article seventy-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01174-01-9
A. 626 2
five of the civil practice law and rules or the amount of any monetary consideration provided in a settlement.
3. Whoever enforces or attempts to enforce a waiver deemed unconscionable, void or unenforceable under this section shall be liable for reasonable attorney's fees and costs.
4. No person or employer shall take any retaliatory action, including, but not limited to, failure to hire, discharge, suspension, demotion, discrimination in the terms, conditions or privileges of employment, or other adverse action, against a person, because the person does not enter into an agreement or contract that contains a waiver deemed unconscionable, void or unenforceable under this section.
5. A person aggrieved of a violation of this section may, within three years after the violation, institute and prosecute in such person's own name and on such person's own behalf a civil action for torts remedies, injunctive relief, and the costs of litigation and reasonable attorney's fees. The rights and remedies contained in this section shall not be exclusive and shall not preempt other procedures and remedies available under other applicable laws.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivision, section or part of this act 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, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein.
§ 3. This act shall take effect immediately and shall apply to all contracts entered into, renewed, modified or amended on or after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.