Establishes the "no severance ultimatums act"

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                           372

                               2025-2026 Regular Sessions

                                    I N  S E N A T E

                                       (PREFILED)

                                     January 8, 2025
                                       ___________

        Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor

        AN ACT to amend the labor law,  in  relation  to  establishing  the  "no
          severance ultimatums 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 "no severance ultimatums act".
     3    § 2. The labor law is amended by adding a new section 215-d to read as
     4  follows:
     5    §  215-D.  PROHIBITION AGAINST COERCIVE SEVERANCE ULTIMATUMS. 1. DEFI-
     6  NITIONS. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
     7  HAVE THE FOLLOWING MEANINGS:
     8    (A) "EMPLOYEE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION ONE
     9  HUNDRED NINETY OF THIS CHAPTER.
    10    (B) "EMPLOYER" SHALL:
    11    (I)  HAVE  THE SAME MEANING AS SET FORTH IN SECTION ONE HUNDRED NINETY
    12  OF THIS CHAPTER; AND
    13    (II) INCLUDE GOVERNMENTAL AGENCIES.
    14    2. SEVERANCE ULTIMATUMS. ANY EMPLOYER OFFERING AN EMPLOYEE  OR  FORMER
    15  EMPLOYEE  AN AGREEMENT RELATED TO SUCH EMPLOYEE'S SEVERANCE FROM EMPLOY-
    16  MENT SHALL NOTIFY SUCH EMPLOYEE THAT:
    17    (A) SUCH EMPLOYEE HAS THE RIGHT TO CONSULT AN ATTORNEY REGARDING  SUCH
    18  AGREEMENT,  AND SUCH EMPLOYEE SHALL BE PROVIDED WITH A REASONABLE PERIOD
    19  OF TIME NOT LESS THAN TWENTY-ONE BUSINESS DAYS IN WHICH TO CONSIDER  THE
    20  AGREEMENT;
    21    (B)  SUCH  EMPLOYEE MAY REVOKE SUCH AGREEMENT WITHIN SEVEN DAYS OF THE
    22  EXECUTION OF SUCH AGREEMENT, AND THE AGREEMENT SHALL NOT  BECOME  EFFEC-
    23  TIVE OR ENFORCEABLE UNTIL SUCH REVOCATION PERIOD HAS EXPIRED; AND

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00738-01-5
        S. 372                              2

     1    (C)  SUCH  EMPLOYEE  MAY  SIGN SUCH AGREEMENT PRIOR TO THE END OF SUCH
     2  REVOCATION PERIOD, AS LONG AS SUCH EMPLOYEE'S DECISION TO  SHORTEN  SUCH
     3  REVOCATION PERIOD IS KNOWING, VOLUNTARY, AND NOT INDUCED BY THE EMPLOYER
     4  THROUGH  FRAUD, MISREPRESENTATION, OR A THREAT TO WITHDRAW OR ALTER SUCH
     5  REVOCATION  PERIOD PRIOR TO THE EXPIRATION OF SUCH REVOCATION PERIOD, OR
     6  BY PROVIDING DIFFERENT TERMS TO SUCH EMPLOYEE  IF  SUCH  EMPLOYEE  SIGNS
     7  SUCH AGREEMENT PRIOR TO THE EXPIRATION OF SUCH REVOCATION PERIOD.
     8    3.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO ANY SEVERANCE
     9  AGREEMENT NEGOTIATED PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT.
    10    4. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, ANY SEVERANCE AGREE-
    11  MENT  SHALL  BE  DEEMED  VOID  AND  UNENFORCEABLE  IF  IT  VIOLATES  THE
    12  PROVISIONS OF SUBDIVISION TWO OF THIS SECTION.
    13    5.  NOTHING  HEREIN  SHALL BE DEEMED IN ANY WAY TO LIMIT, RESTRICT, OR
    14  IMPAIR ANY LAW, RULE, OR REGULATION FROM PROVIDING  GREATER  PROTECTIONS
    15  THAN PROVIDED FOR IN THIS SECTION.
    16    § 3. This act shall take effect immediately.