Bill Text: NY A00626 | 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 13-0)

Status: (Introduced - Dead) 2020-01-08 - referred to labor [A00626 Detail]

Download: New_York-2019-A00626-Introduced.html

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                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  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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01174-01-9
        A. 626                              2
     1  five  of  the civil practice law and rules or the amount of any monetary
     2  consideration provided in a settlement.
     3    3. Whoever enforces or attempts to enforce a waiver deemed unconscion-
     4  able,  void  or  unenforceable  under  this  section shall be liable for
     5  reasonable attorney's fees and costs.
     6    4. No person or employer shall take any retaliatory action, including,
     7  but not limited to, failure to hire,  discharge,  suspension,  demotion,
     8  discrimination  in the terms, conditions or privileges of employment, or
     9  other adverse action, against a person,  because  the  person  does  not
    10  enter into an agreement or contract that contains a waiver deemed uncon-
    11  scionable, void or unenforceable under this section.
    12    5. A person aggrieved of a violation of this section may, within three
    13  years  after the violation, institute and prosecute in such person's own
    14  name and on such person's own behalf a civil action for torts  remedies,
    15  injunctive relief, and the costs of litigation and reasonable attorney's
    16  fees.  The  rights  and  remedies contained in this section shall not be
    17  exclusive and shall not preempt other procedures and remedies  available
    18  under other applicable laws.
    19    §  2. Severability clause.  If any clause, sentence, paragraph, subdi-
    20  vision, section or part of this act shall be adjudged by  any  court  of
    21  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    22  impair, or invalidate the remainder thereof, but shall  be  confined  in
    23  its  operation  to the clause, sentence, paragraph, subdivision, section
    24  or part thereof directly involved in the controversy in which such judg-
    25  ment shall have been rendered. It is hereby declared to be the intent of
    26  the legislature that this act would  have  been  enacted  even  if  such
    27  invalid provisions had not been included herein.
    28    §  3.  This  act  shall take effect immediately and shall apply to all
    29  contracts entered into, renewed, modified or amended on  or  after  such
    30  date.