Bill Text: NY A05777 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Introduced) 2019-04-25 - advanced to third reading cal.201 [A05777 Detail]

Download: New_York-2019-A05777-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 19, 2019
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Judiciary
        AN  ACT to amend the general obligations law, in relation to prohibiting
          employers  from  requiring  certain  conditions  or  preconditions  of
          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 5-337 to read as follows:
     3    §  5-337.  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.