Bill Text: NY S00014 | 2023-2024 | General Assembly | Introduced

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Bill Title: Makes the release of any claim by an employee, or independent contractor who is a natural person, against an employer, unenforceable if, as a condition of such resolution, the employee or independent contractor is prohibited from applying for, accepting, or engaging in future employment with such employer, or any entity or entities related to such employer.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Engrossed) 2024-03-18 - referred to judiciary [S00014 Detail]

Download: New_York-2023-S00014-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           14

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sens.  GOUNARDES, ADDABBO, BROUK, HOYLMAN, KRUEGER, LIU,
          MAYER, MYRIE, RAMOS, RIVERA,  SALAZAR,  SANDERS,  SEPULVEDA,  SKOUFIS,
          THOMAS  --  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 the  release
          of certain claims by certain employees

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

     1    Section 1. The general obligations law is  amended  by  adding  a  new
     2  section 5-338 to read as follows:
     3    §  5-338. Release of certain employee claims.  1. For purposes of this
     4  section, the following terms shall have the following meanings:
     5    (a) "Employer" shall mean all public and private employers within  the
     6  state.
     7    (b)  "Employee" shall mean all public and private employees within the
     8  state.
     9    2. No release of any claim by an employee, or  independent  contractor
    10  who is a natural person, against an employer, is enforceable if, as part
    11  of  the  agreement  resolving  such  claim,  the employee or independent
    12  contractor is prohibited from applying for, accepting,  or  engaging  in
    13  future  employment with such employer, or any entity or entities related
    14  to such employer. The provisions of this section shall not  preclude  an
    15  employee  and employer from agreeing to terminate an existing employment
    16  relationship as part of a settlement of a claim.   If  a  release  of  a
    17  claim  is  rendered unenforceable pursuant to this section, the employer
    18  shall remain bound by all other provisions of the settlement  agreement,
    19  including  the  obligation  to  provide  the  full  consideration to the
    20  employee as set forth in the agreement.
    21    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    22  have  become a law and shall apply to all agreements entered into on and
    23  after such date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01493-01-3