Bill Text: NY A09993 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Makes the release of any claim by an employee, or independent contractor who is a natural person, against an employer, unenforceable if, as a condition of such resolution, the employee or independent contractor is prohibited from applying for, accepting, or engaging in future employment with such employer, or any entity or entities related to such employer.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2020-07-15 - print number 9993a [A09993 Detail]

Download: New_York-2019-A09993-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9993

                   IN ASSEMBLY

                                      March 4, 2020
                                       ___________

        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Judiciary

        AN ACT to amend the general obligations law, in relation to the  release
          of certain claims by certain employees

          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 5-338 to read as follows:
     3    §  5-338. Release of certain employee claims.  1. For purposes of this
     4  section, the following terms shall have the following meanings:
     5    (a) "Employer" shall mean all employers within the state.
     6    (b) "Employee" shall mean all employees within the state.
     7    2.  No release of any claim by an employee, or independent  contractor
     8  who  is  a  natural person, against an employer, is enforceable if, as a
     9  condition of such release, the employee  or  independent  contractor  is
    10  prohibited  from  applying for, accepting, or engaging in future employ-
    11  ment with such employer, or any  entity  or  entities  related  to  such
    12  employer.  The provisions of this section shall not preclude an employee
    13  and employer from agreeing to terminate an existing employment relation-
    14  ship as part of a settlement of a claim.
    15    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    16  have become a law.





         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15424-02-0