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A08765 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    November 3, 2017
        Introduced  by M. of A. ROZIC, QUART, WALLACE, BARNWELL -- read once and
          referred to the Committee on Labor
        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    §  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.   A provision in any contract or agreement which has the purpose or
    17  effect of concealing the details relating to a claim of  discrimination,
    18  non-payment  of  wages or benefits, retaliation, harassment or violation
    19  of public policy in employment, including claims that are  submitted  to
    20  arbitration, shall be deemed unconscionable, void and unenforceable. The
    21  provisions  of  this subdivision shall not apply to the terms and condi-
    22  tions of an award issued by an arbitrator pursuant to  article  seventy-
    23  five  of  the civil practice law and rules or the amount of any monetary
    24  consideration provided in a settlement.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8765                             2
     1    3. Whoever enforces or attempts to enforce a waiver deemed unconscion-
     2  able, void or unenforceable under  this  section  shall  be  liable  for
     3  reasonable attorney's fees and costs.
     4    4. No person or employer shall take any retaliatory action, including,
     5  but  not  limited  to, failure to hire, discharge, suspension, demotion,
     6  discrimination in the terms, conditions or privileges of employment,  or
     7  other  adverse  action,  against  a  person, because the person does not
     8  enter into an agreement or contract that contains a waiver deemed uncon-
     9  scionable, void or unenforceable under this section.
    10    5. A person aggrieved of a violation of this section may, within three
    11  years after the violation, institute and prosecute in such person's  own
    12  name  and on such person's own behalf a civil action for torts remedies,
    13  injunctive relief, and the costs of litigation and reasonable attorney's
    14  fees. The rights and remedies contained in this  section  shall  not  be
    15  exclusive  and shall not preempt other procedures and remedies available
    16  under other applicable laws.
    17    § 2. Severability clause.  If any clause, sentence, paragraph,  subdi-
    18  vision,  section  or  part of this act shall be adjudged by any court of
    19  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    20  impair,  or  invalidate  the remainder thereof, but shall be confined in
    21  its operation to the clause, sentence, paragraph,  subdivision,  section
    22  or part thereof directly involved in the controversy in which such judg-
    23  ment shall have been rendered. It is hereby declared to be the intent of
    24  the  legislature  that  this  act  would  have been enacted even if such
    25  invalid provisions had not been included herein.
    26    § 3. This act shall take effect immediately and  shall  apply  to  all
    27  contracts  entered  into,  renewed, modified or amended on or after such
    28  date.
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