Bill Text: NY S01345 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits employers from requiring certain conditions or preconditions of employment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO JUDICIARY [S01345 Detail]

Download: New_York-2021-S01345-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1345

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 11, 2021
                                       ___________

        Introduced  by  Sen. HOYLMAN -- 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  prohibiting
          employers  from  requiring  certain  conditions  or  preconditions  of
          employment

          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. Conditions and preconditions of employment.  1.  As  used  in
     4  this section the following terms shall have the following meanings:
     5    (a) "Employer" means any person, either individual, corporation, part-
     6  nership,  agency,  or  firm,  that  employs an employee and includes any
     7  person, either individual, corporation, partnership,  agency,  or  firm,
     8  acting directly or indirectly in the interest of an employer in relation
     9  to an employee; and
    10    (b)  "Employee"  means any person employed by or suffered or permitted
    11  to work for an employer.
    12    2. Notwithstanding any provision of law to the contrary,  no  employer
    13  shall  require  as  a  condition  or precondition of employment that any
    14  employee or person seeking employment  waive,  arbitrate,  or  otherwise
    15  diminish  any  existing  or future claim, right, or benefit to which the
    16  employee or person seeking employment would otherwise be entitled  under
    17  any provision of any New York state or federal law.
    18    3.  The  provisions  of  this  section shall not apply to contracts or
    19  agreements negotiated with any labor union through  collective  bargain-
    20  ing.
    21    §  2.  This  act shall take effect on the ninetieth day after it shall
    22  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02652-01-1