A 912: Relates to prohibiting contract provisions that waive certain substantive and procedural rights relating to a claim of discrimination, non-payment of wages or benefits, retaliation, harassment or violation of public policy in employment.

  
  STATE OF NEW YORK ________________________________________________________________________ 912 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. ROZIC, STIRPE, LUPARDO, SIMON, DINOWITZ -- Multi-Sponsored by -- M. of A. HEVESI -- 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03387-01-5 
 A. 912 2 1 five of the civil practice law and rules or the amount of any monetary 2 consideration provided in a settlement. 3 3. Whoever enforces or attempts to enforce a waiver deemed unconscion- 4 able, void or unenforceable under this section shall be liable for 5 reasonable attorney's fees and costs. 6 4. No person or employer shall take any retaliatory action, including, 7 but not limited to, failure to hire, discharge, suspension, demotion, 8 discrimination in the terms, conditions or privileges of employment, or 9 other adverse action, against a person, because the person does not 10 enter into an agreement or contract that contains a waiver deemed uncon- 11 scionable, void or unenforceable under this section. 12 5. A person aggrieved of a violation of this section may, within three 13 years after the violation, institute and prosecute in such person's own 14 name and on such person's own behalf a civil action for torts remedies, 15 injunctive relief, and the costs of litigation and reasonable attorney's 16 fees. The rights and remedies contained in this section shall not be 17 exclusive and shall not preempt other procedures and remedies available 18 under other applicable laws. 19 § 2. Severability clause. If any clause, sentence, paragraph, subdi- 20 vision, section or part of this act shall be adjudged by any court of 21 competent jurisdiction to be invalid, such judgment shall not affect, 22 impair, or invalidate the remainder thereof, but shall be confined in 23 its operation to the clause, sentence, paragraph, subdivision, section 24 or part thereof directly involved in the controversy in which such judg- 25 ment shall have been rendered. It is hereby declared to be the intent of 26 the legislature that this act would have been enacted even if such 27 invalid provisions had not been included herein. 28 § 3. This act shall take effect immediately and shall apply to all 29 contracts entered into, renewed, modified or amended on or after such 30 date.