New York lawmakers have passed a bill that, if signed by the governor, would bar employers from enforcing class action waivers in some circumstances or other waivers of workers’ substantive or procedural rights, remedies, or claims under the state’s Human Rights Law.

Quick Hits

• New York State lawmakers have passed a bill that would ban the enforcement of class action waivers in some circumstances and other waivers of workers’ rights under the Human Rights Law.
• The bill includes exceptions for bona fide settlements, post-employment agreements, and collective bargaining agreements, while also considering federal preemption under the Federal Arbitration Act.
• The bill has not yet been signed by the governor.

On May 13, 2026, the New York State Legislature passed Senate Bill S4424-A, titled the “Anti-Waiver of Employment Rights Act.” The bill could have significant implications for employers, but it has yet to be delivered to Governor Kathy Hochul for signature, leaving open the possibility that it will be amended via chapter amendments or pulled before delivery.

Overview of the Bill

S4424-A would amend both the New York Labor Law (by adding § 219-e) and the Executive Law (by adding § 302) to declare void any express or implied contractual provision that waives or limits an employee’s substantive or procedural rights, remedies, or claims under those statutes. The legislature’s stated intent is to codify what it considers having always been the law—that rights under the Labor...

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