BILL NUMBER: S3258
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the general obligations law, in relation to prohibiting
employers from requiring certain conditions or preconditions of employ-
ment
 
PURPOSE:
This bill would prohibit an employer from requiring an employee or
person seeking employment to waive, arbitrate, or otherwise diminish any
existing or future claim, right, or benefit to which the employee or
person seeking employment would otherwise be entitled to under any
provision of New York State or federal law.
 
SUMMARY OF SPECIFIC PROVISIONS:
This bill would prohibit an employer from requiring an employee or
person seeking employment to waive, arbitrate, or otherwise diminish any
existing or future claim, right, or benefit to which the employee or
person seeking employment would otherwise be entitled to under any
provision of New York State or federal law.
 
JUSTIFICATION:
In the fall of 2018, the Kentucky Supreme Court outlawed mandatory arbi-
tration agreements that require applicants or employees to sign if they
want to be hired or remain employed (Northern Kentucky Area Development
Dist. V Snyder). The decision was based off of existing Kentucky law and
this legislation would codify that law into New York State Law.
Restrictive or coercive employment contracts such as those requiring a
current or future employee to waiver, arbitrate, or otherwise diminish
any existing or future claim, right, or benefit to which the employee or
person seeking employment would otherwise be entitled to under any
provision of New York State or federal law, are not in line with fair
and equitable hiring practices. This legislation seeks to address these
unjust contract provisions from being imposed on employees in New York.
https://www.fisherphillips.com/resources-alerts-kentucky- becomes-
firststate-toprohibit-mandatory
 
LEGISLATIVE HISTORY:
S.1345 of 2021-2022 (Hoylman): Died in Judiciary
A.1514 of 2021-2022 (Dinowitz): Passed Assembly / Died in Judiciary
S.3794 of 2019-2020 (Hoylman): Died in Judiciary
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.