On March 4, 2025, the New York Senate passed Senate Bill S372 (the “No Severance Ultimatums Act” or “S372”). If enacted, S372 would add a new section to the New York Labor Law requiring New York employers to provide for a 21-business day review period and a seven-day revocation period in all severance agreements. Currently, similar protections are afforded to employees who are over the age of 40 pursuant to the Older Workers Benefit Protection Act (OWBPA), which amends the Age Discrimination in Employment Act (ADEA). Similar protections are also available to New York employees who enter into agreements settling claims of discrimination, harassment, or retaliation, but only if the agreement contains a non-disclosure provision relating to those claims.
Specific Requirements Under Consideration
Under the terms of S372, any severance agreement offered to an employee or former employee will need to:
- contain a notice advising the employee of their right to consult an attorney regarding the agreement;
- provide at least 21 business days for review of the agreement; and,
- acknowledge a seven-day period within which the employee may revoke the agreement.
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