Bill Text: NY S07609 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-07 - referred to labor [S07609 Detail]

Download: New_York-2023-S07609-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7609--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                      July 21, 2023
                                       ___________

        Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules  --  recommitted  to
          the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        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 coercive severance ultimatums.  1.  Defi-
     6  nitions.  For  the  purposes  of this section, the following terms shall
     7  have the following 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. Any employer offering an employee or former
    15  employee an agreement related to such employee's severance from  employ-
    16  ment shall notify such employee that:
    17    (a)  Such employee has the right to consult an attorney regarding such
    18  agreement, and such employee shall be provided with a reasonable  period
    19  of  time not less than twenty-one business days in which to consider the
    20  agreement;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11903-02-4
        S. 7609--A                          2

     1    (b) Such employee may revoke such agreement within seven days  of  the
     2  execution  of  such agreement, and the agreement shall not become effec-
     3  tive or enforceable until such revocation period has expired; and
     4    (c)  Such  employee  may  sign such agreement prior to the end of such
     5  revocation period, as long as such employee's decision to  shorten  such
     6  revocation period is knowing, voluntary, and not induced by the employer
     7  through  fraud, misrepresentation, or a threat to withdraw or alter such
     8  revocation period prior to the expiration of such revocation period,  or
     9  by  providing  different  terms  to such employee if such employee signs
    10  such agreement prior to the expiration of such revocation period.
    11    3. Notwithstanding any other law to the contrary, any severance agree-
    12  ment  shall  be  deemed  void  and  unenforceable  if  it  violates  the
    13  provisions of subdivision two of this section.
    14    4.  Nothing  herein  shall be deemed in any way to limit, restrict, or
    15  impair any law, rule, or regulation from providing  greater  protections
    16  than provided for in this section.
    17    § 3. This act shall take effect immediately.