Prohibits employers from requiring certain conditions or preconditions of employment.
Impact
The enactment of Bill S07433 would have a significant impact on employment practices throughout New York. Employers would need to review their hiring practices and employment agreements to ensure compliance with this new mandate. By preventing employers from imposing certain preconditions that could limit worker rights, this legislation seeks to reinforce labor protections at both the state and federal level. It reflects a growing trend in labor law that prioritizes employee rights and seeks to eliminate unjust practices in employment negotiations.
Summary
Bill S07433 aims to amend the General Obligations Law by introducing Section 5-338, which prohibits employers from requiring conditions or preconditions of employment that would force employees or job seekers to waive, arbitrate, or diminish any rights or benefits under existing New York state or federal laws. The bill is primarily focused on protecting employee rights and ensures that job applicants and current employees can retain their legal rights without being coerced into waiving them as a condition for employment. This protection is intended to create a more equitable hiring process and safeguard workers' rights.
Contention
A key point of contention surrounding Bill S07433 might stem from employer groups who argue that such restrictions may complicate hiring processes and limit their ability to negotiate terms of employment. Advocates for employer flexibility might promote concerns that this could hinder business operations or create legal uncertainties. Conversely, supporters of the bill, including labor rights groups, would likely champion the introduction of such protections as necessary to foster a fairer job market. A potential divide may arise between labor advocates pushing for stronger employee rights and businesses concerned about the implications of additional regulatory constraints.
Prohibits employers from using the federal electronic employment verification system to check the employment authorization status of an existing employee or an applicant who has not been offered employment and prohibits municipalities from requiring employers to use the federal electronic employment verification system.
Prohibits employers from using the federal electronic employment verification system to check the employment authorization status of an existing employee or an applicant who has not been offered employment and prohibits municipalities from requiring employers to use the federal electronic employment verification system.
Relates to prohibiting retroactive minimum conditions of employment; provides that the employment of an employee who met the minimum qualifications or conditions for employment at the time of appointment may not be terminated or separated from service based on any new qualifications or conditions of employment enacted after the date of appointment to such civil service position.
Prohibits any employer, labor organization, employment agency or licensing agency, or employees or agents thereof, to seek high school, college or graduate program graduation dates from a prospective employee for an interview or as a condition for employment.
Prohibits any employer, labor organization, employment agency or licensing agency, or employees or agents thereof, to seek high school, college or graduate program graduation dates from a prospective employee for an interview or as a condition for employment.
Relates to unlawful discriminatory practices; requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee.
Relates to unlawful discriminatory practices; requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee.
Prohibits unlawful hiring discrimination by employers and employment agencies based upon an individual's unemployment status including decisions with regard to hiring, compensation or the terms thereof, or conditions or privileges of employment.