File #: Int 0069-2024    Version: Name: Prohibiting provisions in employment agreements that shorten the period in which claims and complaints of unlawful discriminatory practices, harassment or violence may be filed and in which civil actions may be commenced.
Type: Introduction Status: Enacted
Committee: Committee on Civil and Human Rights
On agenda: 2/8/2024
Enactment date: 5/11/2024 Law number: 2024/062
Title: A Local Law to amend the administrative code of the city of New York, in relation to prohibiting provisions in employment agreements that shorten the period in which claims and complaints of unlawful discriminatory practices, harassment or violence may be filed and in which civil actions may be commenced
Sponsors: Lincoln Restler, Tiffany Cabán, Nantasha M. Williams, Althea V. Stevens, Jennifer Gutiérrez, Crystal Hudson, Erik D. Bottcher, Kevin C. Riley, Selvena N. Brooks-Powers, Lynn C. Schulman, Shahana K. Hanif, Carlina Rivera , Rita C. Joseph
Council Member Sponsors: 13
Summary: Under Title 8 of the Administrative Code, people have one year to file a complaint with the NYC Commission on Human Rights for an unlawful discriminatory practice or act of discriminatory harassment or violence and three years to file a claim of gender-based harassment. In addition, they may commence a civil action within three years. This bill would make unenforceable and void any provision of any employment agreement that purports to shorten such periods.
Attachments: 1. Summary of Int. No. 69-A, 2. Summary of Int. No. 69, 3. Int. No. 69, 4. Hearing Testimony 6/26/23, 5. February 8, 2024 - Stated Meeting Agenda, 6. Hearing Transcript - Stated Meeting 2-8-24, 7. Minutes of the Stated Meeting - February 8, 2024, 8. Committee Report 2/29/24, 9. Hearing Testimony 2/29/24, 10. Hearing Transcript 2/29/24, 11. Int. No. 69-A - 4/3/24, 12. Committee Report 4/11/24, 13. Hearing Transcript 4/11/24, 14. Committee Report - Stated Meeting 4/11/24, 15. April 11, 2024 - Stated Meeting Agenda, 16. Hearing Transcript - Stated Meeting 4-11-24, 17. Int. No. 69-A (FINAL), 18. Fiscal Impact Statement, 19. Legislative Documents - Letter to the Mayor, 20. Local Law 62, 21. Minutes of the Stated Meeting - April 11, 2024
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
5/13/2024ALincoln Restler City Council Returned Unsigned by Mayor  Action details Meeting details Not available
5/11/2024ALincoln Restler Administration City Charter Rule Adopted  Action details Meeting details Not available
4/11/2024ALincoln Restler City Council Sent to Mayor by Council  Action details Meeting details Not available
4/11/2024ALincoln Restler City Council Approved by CouncilPass Action details Meeting details Not available
4/11/2024*Lincoln Restler Committee on Civil and Human Rights Hearing Held by Committee  Action details Meeting details Not available
4/11/2024*Lincoln Restler Committee on Civil and Human Rights Amendment Proposed by Comm  Action details Meeting details Not available
4/11/2024*Lincoln Restler Committee on Civil and Human Rights Amended by Committee  Action details Meeting details Not available
4/11/2024ALincoln Restler Committee on Civil and Human Rights Approved by CommitteePass Action details Meeting details Not available
2/29/2024*Lincoln Restler Committee on Consumer and Worker Protection Laid Over by Committee  Action details Meeting details Not available
2/29/2024*Lincoln Restler Committee on Consumer and Worker Protection Hearing Held by Committee  Action details Meeting details Not available
2/29/2024*Lincoln Restler Committee on Civil and Human Rights Laid Over by Committee  Action details Meeting details Not available
2/29/2024*Lincoln Restler Committee on Civil and Human Rights Hearing Held by Committee  Action details Meeting details Not available
2/8/2024*Lincoln Restler City Council Referred to Comm by Council  Action details Meeting details Not available
2/8/2024*Lincoln Restler City Council Introduced by Council  Action details Meeting details Not available

Int. No. 69-A

 

By Council Members Restler, Cabán, Williams, Stevens, Gutiérrez, Hudson, Bottcher, Riley, Brooks-Powers, Schulman, Hanif, Rivera and Joseph

 

A Local Law to amend the administrative code of the city of New York, in relation to prohibiting provisions in employment agreements that shorten the period in which claims and complaints of unlawful discriminatory practices, harassment or violence may be filed and in which civil actions may be commenced

 

Be it enacted by the Council as follows:

Section 1. Section 8-109 of the administrative code of the city of New York is amended by adding a new subdivision (e-1) to read as follows:

(e-1) Any provision of an agreement involving an employer, employment agency, or agent thereof pertaining to terms of employment that purports to shorten the periods in which a complaint or claim may be filed pursuant to subdivision (e) is unenforceable and void as against public policy. Nothing in this subdivision shall be construed to affect the enforceability of any provision of any agreement other than a provision limiting the period in which a complaint or claim may be filed.

§ 2. Section 8-502 of the administrative code of the city of New York is amended by adding a new subdivision d-1 to read as follows:

d-1. Any provision of an agreement involving an employer, employment agency, or agent thereof pertaining to terms of employment that purports to shorten the periods in which a civil action may be commenced pursuant to subdivision d is unenforceable and void as against public policy. Nothing in this subdivision shall be construed to affect the enforceability of any provision of any agreement other than a provision limiting the period in which a civil action may be commenced. 

§ 3. This local law takes effect immediately.

 

 

 

Session 13

NAB/JLB

LS #10965

4/2/2024 1:34 PM

 

Session 12

NAB

LS #10965

11/17/22 11:00AM