Establishes the "no severance ultimatums act", which prevents employers from giving coercive ultimatums to employees or former employees relating to such employee's severance from employment.
STATE OF NEW YORK
________________________________________________________________________
8986--A
IN ASSEMBLY
January 31, 2024
___________
Introduced by M. of A. BRONSON, SHIMSKY, ARDILA, GLICK -- read once and
referred to the Committee on Labor -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 coercive severance ultimatums. 1. Defi-
6 nitions. For the purposes of this section, the following terms shall
7 have the following 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. Any employer offering an employee or former
15 employee an agreement related to such employee's severance from employ-
16 ment shall notify such employee that:
17 (a) Such employee has the right to consult an attorney regarding such
18 agreement, and such employee shall be provided with a reasonable period
19 of time not less than twenty-one business days in which to consider the
20 agreement;
21 (b) Such employee may revoke such agreement within seven days of the
22 execution of such agreement, and the agreement shall not become effec-
23 tive or enforceable until such revocation period has expired; and
24 (c) Such employee may sign such agreement prior to the end of such
25 revocation period, as long as such employee's decision to shorten such
26 revocation period is knowing, voluntary, and not induced by the employer
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11903-03-4
A. 8986--A 2
1 through fraud, misrepresentation, or a threat to withdraw or alter such
2 revocation period prior to the expiration of such revocation period, or
3 by providing different terms to such employee if such employee signs
4 such agreement prior to the expiration of such revocation period.
5 3. Notwithstanding any other law to the contrary, any severance agree-
6 ment shall be deemed void and unenforceable if it violates the
7 provisions of subdivision two of this section.
8 4. Nothing herein shall be deemed in any way to limit, restrict, or
9 impair any law, rule, or regulation from providing greater protections
10 than provided for in this section.
11 § 3. This act shall take effect immediately.
