Bill Text: NY A08986 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the "no severance ultimatums act", which prevents employers from giving ultimatums to employees or former employees relating to such employee's severance from employment.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-31 - referred to labor [A08986 Detail]

Download: New_York-2023-A08986-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8986

                   IN ASSEMBLY

                                    January 31, 2024
                                       ___________

        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Labor

        AN ACT to amend the labor law,  in  relation  to  establishing  the  "no
          severance ultimatums act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "no severance ultimatums act".
     3    § 2. The labor law is amended by adding a new section 215-d to read as
     4  follows:
     5    § 215-d. Prohibition against severance ultimatums. 1. Definitions. For
     6  the purposes of this section, the following terms shall have the follow-
     7  ing meanings:
     8    (a) "Employee" shall have the same meaning as set forth in section one
     9  hundred ninety of this chapter.
    10    (b) "Employer" shall:
    11    (i)  have  the same meaning as set forth in section one hundred ninety
    12  of this chapter; and
    13    (ii) include governmental agencies.
    14    2. Severance ultimatums prohibited. Any employer offering an  employee
    15  or  former  employee  an  agreement related to such employee's severance
    16  from employment shall notify such employee that:
    17    (a) Such employee has the right to consult an attorney regarding  such
    18  agreement,  and  provide  such employee with a reasonable period of time
    19  not less than twenty-one business days in which to do so;
    20    (b) Such employee may revoke such agreement within seven days  of  the
    21  execution  of  such agreement, and the agreement shall not become effec-
    22  tive or enforceable until such revocation period has expired; and
    23    (c) Such employee may sign such agreement prior to  the  end  of  such
    24  revocation  period,  as long as such employee's decision to shorten such
    25  revocation period is knowing, voluntary, and not induced by the employer
    26  through fraud, misrepresentation, or a threat to withdraw or alter  such
    27  revocation  period prior to the expiration of such revocation period, or
    28  by providing different terms to such employee  if  such  employee  signs
    29  such agreement prior to the expiration of such revocation period.
    30    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11903-01-3