STATE OF NEW YORK ________________________________________________________________________ 5776--A 2019-2020 Regular Sessions IN ASSEMBLY February 19, 2019 ___________ Introduced by M. of A. DINOWITZ, REYES, SAYEGH, GOTTFRIED, GALEF, D'URSO, STIRPE, ARROYO, SIMON, STECK, CRUZ, GLICK, ZEBROWSKI, ORTIZ, WEPRIN -- Multi-Sponsored by -- M. of A. COOK, DenDEKKER, ENGLEBRIGHT, GRIFFIN -- read once and referred to the Committee on Judiciary -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general obligations law, in relation to prohibiting agreements between employers that directly restrict the current or future employment of any employee The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "End 2 Employer Collusion Act". 3 § 2. The general obligations law is amended by adding a new section 4 5-337 to read as follows: 5 § 5-337. Agreements between employers restricting the current or 6 future employment of an employee void. (a) For the purposes of this 7 section, the following term "restrictive employment agreement" shall 8 mean any agreement that: 9 (i) is between two or more employers, including through a franchise 10 agreement or a contractor-subcontractor agreement; and 11 (ii) prohibits or restricts one employer from soliciting or hiring 12 another employer's employees or former employees. 13 (b) Notwithstanding any other law to the contrary, no employer shall 14 enter into a restrictive employment agreement with another employer, 15 enforce a restrictive employment agreement or threaten to enforce a 16 restrictive employment agreement and any restrictive employment agree- 17 ment is hereby declared to be contrary to public policy and wholly void. 18 (c) Every person who was denied employment due to a restrictive 19 employment agreement or was otherwise damaged due to a violation of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04740-03-9A. 5776--A 2 1 subdivision (b) of this section may maintain an action for damages equal 2 to the sum of (i) any actual damages sustained by the individual as a 3 result of such violation, (ii) such amount of punitive damages as the 4 court may allow, and (iii) in the case of any successful action to 5 enforce any liability under this section, the costs of the action 6 together with reasonable attorney's fees as determined by the court. 7 (d) Whenever the attorney general finds that there has been a 8 violation of this section, he or she may proceed as provided in subdivi- 9 sion twelve of section sixty-three of the executive law. 10 § 3. This act shall take effect immediately.