New York Assembly Bill A05411

New York 2025-2026 Regular Session

• Introduced: 2/13/25
• Refer: 2/13/25

Caption

Enacts the "anti-waiver of employment rights act" to invalidate any express or implied contractual provision waiving or otherwise limiting any employee's substantive or procedural rights, remedies, or claim.

Impact

If enacted, A05411 would amend existing labor laws to ensure that any such waivers are void, reinforcing the mandatory nature and non-waivability of statutory rights. The bill is designed to prevent courts from interpreting labor rights statutes in a way that would permit these waivers, directly challenging certain precedents that have allowed employers to take advantage of misunderstandings regarding statutory protections. This may lead to an increased ability for employees to pursue claims and enforce their rights without fear of contractual impediments.

Summary

The bill A05411, titled the 'anti-waiver of employment rights act', seeks to reinforce the protections available to employees under New York state law by explicitly invalidating any agreements that waive or limit employees' substantive and procedural rights. This includes the rights, remedies, and claims related to labor law and the human rights law. The core intention behind this legislation is to eliminate any loopholes that might allow employers to require workers to sign away their rights through waivers, particularly those that might affect the statute of limitations for filing claims or the ability to pursue collective actions against employers.

Contention

Opponents of A05411 might argue that the bill could complicate employer-employee relationships by abolishing contractual flexibility, potentially affecting negotiations related to settlement agreements or other employment contracts. Furthermore, the bill acknowledges that exceptions could exist, such as for waivers agreed upon in the context of good-faith disputes or in final agreements after the termination of employment. Hence, while it aims to protect employee rights, there may be concerns regarding its implications for dispute resolution practices and the overall landscape of labor relations in New York.