Bill Text: NY S03294 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to prohibiting contract provisions that waive certain substantive and procedural rights.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO LABOR [S03294 Detail]

Download: New_York-2019-S03294-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3294
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 5, 2019
                                       ___________
        Introduced by Sens. HOYLMAN, KRUEGER, STAVISKY -- read twice and ordered
          printed, and when printed to be committed to the Committee on Labor
        AN  ACT to amend the labor law, in relation to contract provisions waiv-
          ing certain substantive and procedural rights
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The labor law is amended by adding a new section 211-b to
     2  read as follows:
     3    § 211-b. Contracts; certain provisions prohibited. 1. A  provision  in
     4  any  contract  waiving  any  substantive  or  procedural right or remedy
     5  relating to a claim of discrimination, non-payment of wages or benefits,
     6  retaliation, harassment or violation  of  public  policy  in  employment
     7  shall  be deemed unconscionable, void and unenforceable, with respect to
     8  any such claim arising after the waiver is  made.  No  right  or  remedy
     9  arising  under  this  section,  this  chapter,  common  law,  any  other
    10  provision of law or rule of procedure or the constitution shall be pros-
    11  pectively waived. This section shall not render  void  or  unenforceable
    12  the  remainder  of  the  contract or agreement.   The provisions of this
    13  subdivision shall not apply to the terms of  any  collective  bargaining
    14  agreement  between  an  employer and the bona fide collective bargaining
    15  representative of that employer's employees.
    16    2.  A provision in any contract or agreement which has the purpose  or
    17  effect  of concealing the details relating to a claim of discrimination,
    18  non-payment of wages or benefits, retaliation, harassment  or  violation
    19  of  public  policy in employment, including claims that are submitted to
    20  arbitration, shall be deemed unconscionable, void and unenforceable. The
    21  provisions of this subdivision shall not apply to the terms  and  condi-
    22  tions  of  an award issued by an arbitrator pursuant to article seventy-
    23  five of the civil practice law and rules or the amount of  any  monetary
    24  consideration provided in a settlement.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01174-01-9
        S. 3294                             2
     1    3. Whoever enforces or attempts to enforce a waiver deemed unconscion-
     2  able,  void  or  unenforceable  under  this  section shall be liable for
     3  reasonable attorney's fees and costs.
     4    4. No person or employer shall take any retaliatory action, including,
     5  but  not  limited  to, failure to hire, discharge, suspension, demotion,
     6  discrimination in the terms, conditions or privileges of employment,  or
     7  other  adverse  action,  against  a  person, because the person does not
     8  enter into an agreement or contract that contains a waiver deemed uncon-
     9  scionable, void or unenforceable under this section.
    10    5. A person aggrieved of a violation of this section may, within three
    11  years after the violation, institute and prosecute in such person's  own
    12  name  and on such person's own behalf a civil action for torts remedies,
    13  injunctive relief, and the costs of litigation and reasonable attorney's
    14  fees. The rights and remedies contained in this  section  shall  not  be
    15  exclusive  and shall not preempt other procedures and remedies available
    16  under other applicable laws.
    17    § 2. Severability clause.  If any clause, sentence, paragraph,  subdi-
    18  vision,  section  or  part of this act shall be adjudged by any court of
    19  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    20  impair,  or  invalidate  the remainder thereof, but shall be confined in
    21  its operation to the clause, sentence, paragraph,  subdivision,  section
    22  or part thereof directly involved in the controversy in which such judg-
    23  ment shall have been rendered. It is hereby declared to be the intent of
    24  the  legislature  that  this  act  would  have been enacted even if such
    25  invalid provisions had not been included herein.
    26    § 3. This act shall take effect immediately and  shall  apply  to  all
    27  contracts  entered  into,  renewed, modified or amended on or after such
    28  date.