Bill Text: NY A08154 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 8154

Introduced

Bill Title: Establishes the "no severance ultimatums act", which prevents employers from giving ultimatums to employees or former employees relating to such employee's severance from employment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-10 - enacting clause stricken [A08154 Detail]

Download: New_York-2023-A08154-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          8154

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 13, 2023
                                       ___________

        Introduced by M. of A. JOYNER -- read once and referred to the Committee
          on Labor

        AN  ACT  to  amend  the  labor  law, in relation to establishing the "no
          severance ultimatums act"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "no severance ultimatums act".
     3    § 2. The labor law is amended by adding a new section 215-d to read as
     4  follows:
     5    § 215-d. Prohibition against severance ultimatums. 1. Definitions. For
     6  the purposes of this section, the following terms shall have the follow-
     7  ing meanings:
     8    (a) "Employee" shall have the same meaning as set forth in section one
     9  hundred ninety of this chapter.
    10    (b) "Employer" shall:
    11    (i) have the same meaning as set forth in section one  hundred  ninety
    12  of this chapter; and
    13    (ii) include governmental agencies.
    14    2.  Severance ultimatums prohibited. Any employer offering an employee
    15  or former employee an agreement related  to  such  employee's  severance
    16  from employment shall notify such employee that:
    17    (a)  Such employee has the right to consult an attorney regarding such
    18  agreement, and provide such employee with a reasonable  period  of  time
    19  not less than twenty-one business days in which to do so;
    20    (b)  Such  employee may revoke such agreement within seven days of the
    21  execution of such agreement, and the agreement shall not  become  effec-
    22  tive or enforceable until such revocation period has expired; and
    23    (c)  Such  employee  may  sign such agreement prior to the end of such
    24  revocation period, as long as such employee's decision to  shorten  such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11903-01-3

        A. 8154                             2

     1  revocation period is knowing, voluntary, and not induced by the employer
     2  through  fraud, misrepresentation, or a threat to withdraw or alter such
     3  revocation period prior to the expiration of such revocation period,  or
     4  by  providing  different  terms  to such employee if such employee signs
     5  such agreement prior to the expiration of such revocation period.
     6    § 3. This act shall take effect immediately.