New York A 912: Relates to prohibiting contract provisions that waive certain substantive and procedural rights

Bill Text

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A00912 Summary:

BILL NOA00912 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORRozic (MS)

&nbsp

COSPNSRStirpe, Lupardo, Simon, Dinowitz, Colton

&nbsp

MLTSPNSRHevesi

&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 A00912 Actions:

BILL NOA00912 

&nbsp

01/08/2025referred to labor

01/07/2026referred to labor

Go to topA00912 Committee&nbspVotes:

Go to topA00912 Floor&nbspVotes:

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

Go to topA00912 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 912

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. ROZIC, STIRPE, LUPARDO, SIMON, DINOWITZ --
 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.
 LBD03387-01-5

 A. 912 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 i