New York S 413: Relates to the resolution of certain claims by certain employees

Bill Text

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S00413 Summary:

BILL NOS00413 

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SAME ASSAME AS A00293

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SPONSORGOUNARDES

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COSPNSRADDABBO, BRISPORT, BROUK, HOYLMAN-SIGAL, KRUEGER, LIU, MAYER, MYRIE, RAMOS, RIVERA, SALAZAR,
 SANDERS, SEPULVEDA, SKOUFIS, WEBB

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MLTSPNSR

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Add §5-338, Gen Ob L

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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.

Go to top S00413 Actions:

BILL NOS00413 

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01/08/2025REFERRED TO JUDICIARY

02/11/20251ST REPORT CAL.342

02/12/20252ND REPORT CAL.

02/24/2025ADVANCED TO THIRD READING 

03/24/2025PASSED SENATE

03/24/2025DELIVERED TO ASSEMBLY

03/24/2025referred to judiciary

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO JUDICIARY

03/18/20261ST REPORT CAL.566

03/19/20262ND REPORT CAL.

03/23/2026ADVANCED TO THIRD READING 

03/25/2026PASSED SENATE

03/25/2026DELIVERED TO ASSEMBLY

03/25/2026referred to judiciary

Go to topS00413 Committee&nbspVotes:

Go to topS00413 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00413 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 413

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. GOUNARDES, ADDABBO, BRISPORT, BROUK, HOYLMAN-SIGAL,
 KRUEGER, LIU, MAYER, MYRIE, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVE-
 DA, SKOUFIS, WEBB -- 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.
 LBD00167-01-5

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