New York S 7438: Relates to prohibiting contract provisions that waive certain substantive and procedural rights

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S07438 Summary:

BILL NOS07438 

&nbsp

SAME ASSAME AS A00912

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSRKRUEGER, SALAZAR, STAVISKY

&nbsp

MLTSPNSR

&nbsp

Add §211-b, Lab L

&nbsp

Relates to prohibiting contract provisions that waive certain substantive and procedural rights relating to a claim of discrimination, non-payment of wages or benefits, retaliation, harassment or violation of public policy in employment.

Go to top S07438 Actions:

BILL NOS07438 

&nbsp

04/16/2025REFERRED TO LABOR

Go to topS07438 Committee&nbspVotes:

Go to topS07438 Floor&nbspVotes:

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

Go to topS07438 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7438

 2025-2026 Regular Sessions

 IN SENATE

 April 16, 2025
 ___________

 Introduced by Sens. HOYLMAN-SIGAL, KRUEGER, SALAZAR, STAVISKY -- read
 twice and ordered printed, and when printed to be committed 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-
 23 five of the civil practice law and rules or the amount of any monetary
 24 consideration provided in a settlement.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03387-01-5

 S. 7438 2

 1 3. Whoever enforces or attempts to enforce a waiver deemed unconscion-
 2 able, void or unenforceable under this section shall be liable for
 3 reasonable attorney's fees and costs.
 4 4. No person or employer shall take any retaliatory action, including,
 5 but not limited to, failure to hire, discharge, suspension, demotion,
 6 discrimination in the terms, conditions or privileges of employment, or
 7 other adverse action, against a person, because the person does not
 8 enter into an agreement or contract that contains a waiver deemed uncon-
 9 scionable, void or unenforceable under this section.
 10 5. A person aggrieved of a violation of this section may, within three
 11 years after the violation, institute and prosecute in such person's own
 12 name and on such person's own behalf a civil action for torts remedies,
 13 injunctive relief, and the costs of litigation and reasonable attorney's
 14 fees. The rights and remedies contained in this section shall not be
 15 exclusive and shall not preempt other procedures and remedies available
 16 under other applicable laws.
 17 § 2. Severability clause. If any clause, sentence, paragraph, subdi-
 18 vision, section or part of this act shall be adjudged by any court of
 19 competent jurisdiction to be invalid, suc