What's happening
This bill prohibits New York employers from requiring employees or job applicants to waive legal rights as a condition of employment, except through union collective bargaining agreements.
Why it matters
Protects employee legal rights. By banning employers from requiring waivers of legal rights or claims as a condition of employment, this bill ensures employees maintain their ability to pursue legal action or remedies under state and federal law.
Limits forced arbitration. The bill specifically bars employers from forcing employees or job applicants into arbitration agreements that could restrict access to the courts or other legal forums for workplace disputes.
Reduces employer leverage over vulnerable workers. Job seekers often have little bargaining power, and this law would prevent employers from using pre-employment agreements to limit future legal claims, making workplace rights less waivable.
Supports union-negotiated agreements. The bill makes an exception for collective bargaining agreements, reaffirming the role of unions in negotiating employment terms and allowing them to reach mutually agreed-upon dispute resolution procedures.
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Who cares
Headline styles
Ban Forced Waivers for Jobs
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1060
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3754
2019-2020 Regular Sessions
IN SENATE
February 13, 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 employers from requiring certain conditions or preconditions of employment
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general obligations law is amended by adding a new section 5-337 to read as follows:
§ 5-337. Conditions and preconditions of employment. 1. As used in this section the following terms shall have the following meanings:
(a) "Employer" means any person, either individual, corporation, partnership, agency, or firm, that employs an employee and includes any person, either individual, corporation, partnership, agency, or firm, acting directly or indirectly in the interest of an employer in relation to an employee; and
(b) "Employee" means any person employed by or suffered or permitted to work for an employer.
2. Notwithstanding any provision of law to the contrary, no employer shall require as a condition or precondition of employment that any employee or person seeking employment waive, arbitrate, or otherwise diminish any existing or future claim, right, or benefit to which the employee or person seeking employment would otherwise be entitled under any provision of any New York state or federal law.
3. The provisions of this section shall not apply to contracts or agreements negotiated with any labor union through collective bargaining.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06224-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general obligations law, in relation to prohibiting employers from requiring certain conditions or preconditions of employ- ment
Purpose of bill
This bill would prohibit an employer from requiring an employee or person seeking employment to waive, arbitrate, or otherwise diminish any existing or future claim, right, or benefit to which the employee or person seeking employment would otherwise be entitled to under any provision of New York State or federal law.
Summary of provisions
Section 1 of the bill amends the general obligations law by adding a new section 5337 which would prohibit any employer from requiring an employ- ee or person seeking employment to waiver, arbitrate, or otherwise diminish any existing or future claim, right, or benefit to which the employee or person seeking employment would otherwise be entitled to under any provision of New York State or federal law. This section further exempts any contracts or agreements negotiated with any labor union through collective bargaining.
Section 2 sets the effective date.
Justification
In the fall of 2018, the Kentucky Supreme Court outlawed mandatory arbi- tration agreements that require applicants or employees to sign if they want to be hired or remain employed1 (Northern Kentucky Area Development Dist. V Snyder). The decision was based off of existing Kentucky law and this legislation would codify that law into New York State Law.
Restrictive or coercive employment contracts such as those requiring a current or future employee to waiver, arbitrate, or otherwise diminish any existing or future claim, right, or benefit to which the employee or person seeking employment would otherwise be entitled to under any provision of New York State or federal law, are not in line with fair and equitable hiring practices. This legislation seeks to address these unjust contract provisions from being imposed on employees in New York. https://www.fisherphillips.com/resources-alerts-kentucky-becomes-firs t-state-toprohibit-mandatory
Legislative history
This is a New Bill.
Fiscal implications for state and local governments
None to the State.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.