Both chambers of the New York Legislature have passed the No Severance Ultimatums Act and the Anti-Waiver of Employment Rights Act. The No Severance Ultimatums Act would add certain procedural hurdles to obtaining an enforceable post-employment release of claims, while the Anti‑Waiver of Employment Rights Act would bar certain waivers of employee rights under the State’s Labor Law and Human Rights Law in pre‑ and post‑employment settings. Both Acts reflect the Legislature’s intent to protect employees in the preservation and exercise of substantive and procedural rights. The Legislature must still deliver both bills to Governor Hochul for her approval or veto before year-end.

No Severance Ultimatums Act

If signed into law by the Governor, the No Severance Ultimatums Act would amend the New York Labor Law to require that any employer offering an employee or former employee a severance agreement:

1. notify such individual of their right to consult an attorney about the agreement;
2. provide a consideration period of at least twenty-one (21) calendar days to consider the agreement; and
3. provide a seven (7) calendar day period for such individual to revoke the agreement after execution of the agreement.

The employee can, however, choose to shorten the 21-day consideration period so long as the employee’s decision is knowing, voluntary, and not induced by the employer through certain means specified in the Act – namely, employers cannot coerce the employee to shorten the review...

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