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S04388 Summary:

BILL NO    S04388A

SAME AS    No same as 

SPONSOR    MARTINS

COSPNSR    

MLTSPNSR   

Add S211-b, Lab L

Relates to prohibiting contract provisions that waive certain substantive and
procedural rights.
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S04388 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        4388--A
           Cal. No. 427

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                    March 18, 2015
                                      ___________

       Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Labor -- reported  favora-
         bly  from  said committee, ordered to first and second report, ordered
         to a third reading, amended and ordered reprinted, retaining its place
         in the order of third reading

       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    S  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. WHOEVER ENFORCES OR ATTEMPTS TO ENFORCE A WAIVER DEEMED UNCONSCION-
   17  ABLE,  VOID  OR  UNENFORCEABLE  UNDER  THIS  SECTION SHALL BE LIABLE FOR
   18  REASONABLE ATTORNEY'S FEES AND COSTS.
   19    3. NO PERSON OR EMPLOYER SHALL TAKE ANY RETALIATORY ACTION, INCLUDING,
   20  BUT NOT LIMITED TO, FAILURE TO HIRE,  DISCHARGE,  SUSPENSION,  DEMOTION,
   21  DISCRIMINATION  IN THE TERMS, CONDITIONS OR PRIVILEGES OF EMPLOYMENT, OR
   22  OTHER ADVERSE ACTION, AGAINST A PERSON,  BECAUSE  THE  PERSON  DOES  NOT

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09982-02-5
       S. 4388--A                          2

    1  ENTER INTO AN AGREEMENT OR CONTRACT THAT CONTAINS A WAIVER DEEMED UNCON-
    2  SCIONABLE, VOID OR UNENFORCEABLE UNDER THIS SECTION.
    3    4. A PERSON AGGRIEVED OF A VIOLATION OF THIS SECTION MAY, WITHIN THREE
    4  YEARS  AFTER THE VIOLATION, INSTITUTE AND PROSECUTE IN SUCH PERSON'S OWN
    5  NAME AND ON SUCH PERSON'S OWN BEHALF A CIVIL ACTION FOR TORTS  REMEDIES,
    6  INJUNCTIVE RELIEF, AND THE COSTS OF LITIGATION AND REASONABLE ATTORNEY'S
    7  FEES.  THE  RIGHTS  AND  REMEDIES CONTAINED IN THIS SECTION SHALL NOT BE
    8  EXCLUSIVE AND SHALL NOT PREEMPT OTHER PROCEDURES AND REMEDIES  AVAILABLE
    9  UNDER OTHER APPLICABLE LAWS.
   10    S  2.  This  act  shall take effect immediately and shall apply to all
   11  contracts entered into, renewed, modified or amended on  or  after  such
   12  date.
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