NY A08462

Prohibits enforcement of mandatory predispute and postdispute arbitration clauses and joint-action waivers in workplace disputes, applying to contracts, handbooks, and policy documents entered into on or after the effective date.

Declares that prohibited arbitration clauses contained in contracts made effective before this section's enactment shall not be enforceable, clarifying retroactive application of existing law.

Permits mandatory postdispute arbitration clauses only if voluntary, separate from the employment contract, not a condition of employment, made after a 40-day waiting period, in plain language, with written affirmative consent, and with counsel present if applicable.

Prohibits covered entities from retaliating against workers who refuse arbitration clauses or joint-action waivers, with remedies including liquidated damages, attorneys' fees, and costs under Labor Law section 215.

Requires courts, not arbitrators, to determine whether prohibited clauses apply; mandates New York law governs applicability for workers who performed services in New York, regardless of choice-of-law provisions.