Bill > A05411

This bill enacts the "Anti-Waiver of Employment Rights Act" to protect employees from contractual provisions that limit or waive their legal rights. Specifically, the bill invalidates any express or implied contractual agreements that seek to restrict an employee's substantive or procedural rights, remedies, or claims under labor and human rights laws. The legislation provides two key exceptions to this prohibition: waivers mutually agreed upon in the settlement of a good faith dispute not initiated by the employer, and agreements made at or after the termination of employment. The bill also includes provisions that preserve existing employee rights under other laws, collective bargaining agreements, and employment contracts, and ensures that the law will not apply where federal law would preempt it. The legislative findings indicate that some courts have previously misinterpreted statutes to allow rights waivers, and some employers have taken advantage of this by requiring employees to sign agreements that shorten statutes of limitations or waive fundamental employment rights. By amending both the labor law and executive law, the bill aims to clearly establish that such waivers are against public policy and fundamentally unenforceable, thereby protecting employees' legal protections and ability to pursue legitimate claims.

Housing and Urban Affairs, Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/A5411