New York Assembly Bill A05411 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5411 2025-2026 Regular Sessions  IN ASSEMBLY February 13, 2025 ___________ Introduced by M. of A. BRONSON -- read once and referred to the Commit- tee on Labor AN ACT to amend the labor law and the executive law, in relation to enacting the "anti-waiver of employment rights 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 "anti-waiver of employment rights act". 3 § 2. Legislative findings and intent. 1. The legislature finds and 4 declares that it has always been its intention that the rights provided 5 under the labor law and the human rights law be mandatory and non-waiva- 6 ble through private agreement. The legislature further finds and 7 declares that it is the policy of this state that workers be permitted 8 to enforce these rights collectively, including through article 9 of the 9 civil practice law and rules. However, some courts have misconstrued 10 these statutes as permitting waivers of these statutory rights. 11 2. In light of these erroneous decisions, some employers have taken 12 advantage of these decisions to require employees to sign waivers that 13 purport to contractually shorten their statute of limitations for bring- 14 ing claims under the labor law or human rights law, or that purport to 15 waive other rights that employees have under the labor law and the human 16 rights law, as well as procedural mechanisms to enforce those rights 17 collectively, such as article 9 of the civil practice law and rules. 18 Such purported waivers have always been and continue to be against 19 public policy. 20 § 3. The labor law is amended by adding a new section 219-e to read as 21 follows: 22 § 219-e. Waiver agreements void. 1. Waivers void. No express or 23 implied contractual provision waiving or otherwise limiting any employ- 24 ee's substantive or procedural rights, remedies, or claim, whether 25 asserted or unasserted and whether legally cognizable or not, in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05321-01-5 
 A. 5411 2 1 connection with this chapter or under any employment agreement shall be 2 valid. Exceptions to this subdivision shall exist for such waivers that 3 may be mutually agreed to and included in: (a) the settlement of any 4 good faith bona fide dispute in which an employee raises a claim against 5 their employer; or 6 (b) an agreement entered upon or following the termination of an 7 employee's employment. The provisions of this subdivision shall not 8 apply where application of such provisions would be preempted by federal 9 law. 10 2. Severability. If any clause, sentence, paragraph or subdivision of 11 this section shall be adjudged by any court of competent jurisdiction to 12 be invalid, such judgment shall not affect, impair, or invalidate the 13 remainder thereof, but shall be confined in its operation to the clause, 14 sentence, paragraph or subdivision thereof directly involved in the 15 controversy in which such judgment shall have been rendered. It is here- 16 by declared to be the intent of the legislature that this section would 17 have been enacted even if such invalid provisions had not been included 18 herein. 19 3. Existing rights. Nothing in this section shall be deemed to dimin- 20 ish the rights, privileges, or remedies of any employee under any other 21 law or regulation or under any collective bargaining agreement or 22 employment contract. 23 § 4. The executive law is amended by adding a new section 302 to read 24 as follows: 25 § 302. Waiver agreement void. 1. Waivers void. No express or implied 26 contractual provision waiving or otherwise limiting any employee's 27 substantive or procedural rights, remedies, or claim, whether asserted 28 or unasserted and whether legally cognizable or not, in connection with 29 this article or under any employment agreement shall be valid. 30 Exceptions to this subdivision shall exist for such waivers that may be 31 mutually agreed to and included in: (a) the settlement of any good faith 32 bona fide dispute in which an employee raises a claim against their 33 employer; or 34 (b) an agreement entered upon or following the termination of an 35 employee's employment. The provisions of this subdivision shall not 36 apply where application of such provisions would be preempted by federal 37 law. 38 2. Severability. If any clause, sentence, paragraph or subdivision of 39 this section shall be adjudged by any court of competent jurisdiction to 40 be invalid, such judgment shall not affect, impair, or invalidate the 41 remainder thereof, but shall be confined in its operation to the clause, 42 sentence, paragraph or subdivision thereof directly involved in the 43 controversy in which such judgment shall have been rendered. It is here- 44 by declared to be the intent of the legislature that this section would 45 have been enacted even if such invalid provisions had not been included 46 herein. 47 3. Existing rights. Nothing in this section shall be deemed to dimin- 48 ish the rights, privileges, or remedies of any employee under any other 49 law or regulation or under any collective bargaining agreement or 50 employment contract. 51 § 5. This act shall take effect immediately.