STATE OF NEW YORK
________________________________________________________________________
1345
2021-2022 Regular Sessions
IN SENATE
January 11, 2021
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to prohibiting
employers from requiring certain conditions or preconditions of
employment
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. Conditions and preconditions of employment. 1. As used in
4 this section the following terms shall have the following meanings:
5 (a) "Employer" means any person, either individual, corporation, part-
6 nership, agency, or firm, that employs an employee and includes any
7 person, either individual, corporation, partnership, agency, or firm,
8 acting directly or indirectly in the interest of an employer in relation
9 to an employee; and
10 (b) "Employee" means any person employed by or suffered or permitted
11 to work for an employer.
12 2. Notwithstanding any provision of law to the contrary, no employer
13 shall require as a condition or precondition of employment that any
14 employee or person seeking employment waive, arbitrate, or otherwise
15 diminish any existing or future claim, right, or benefit to which the
16 employee or person seeking employment would otherwise be entitled under
17 any provision of any New York state or federal law.
18 3. The provisions of this section shall not apply to contracts or
19 agreements negotiated with any labor union through collective bargain-
20 ing.
21 § 2. This act shall take effect on the ninetieth day after it shall
22 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02652-01-1
