Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
584--C
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. STECK, SANTABARBARA, PAULIN, LEVENBERG, REYES,
SHIMSKY, DAVILA -- read once and referred to the Committee on Labor --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the labor law, in relation to enacting the "trapped at
work act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "trapped at work act".
§ 2. The labor law is amended by adding a new article 37 to read as
follows:
ARTICLE 37
TRAPPED AT WORK ACT
SECTION 1050. DEFINITIONS.
1051. SCOPE.
1052. PROHIBITING THE USE OF EMPLOYMENT PROMISSORY NOTES AND
OTHER SIMILAR PROVISIONS.
1053. ENFORCEMENT.
1054. RULES.
1055. SAVINGS CLAUSE.
§ 1050. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
1. "EMPLOYER" MEANS AN INDIVIDUAL, PARTNERSHIP, ASSOCIATION, CORPO-
RATION, LIMITED LIABILITY COMPANY, TRUST, GOVERNMENT OR GOVERNMENT
SUBDIVISION, OR ANY ORGANIZED GROUP THAT HIRES OR CONTRACTS WITH A WORK-
ER TO WORK FOR THE EMPLOYER. FOR THE PURPOSES OF THIS ARTICLE, THIS TERM
SHALL ALSO INCLUDE ANY SUBSIDIARY OF AN EMPLOYER AND ANY INDIVIDUAL,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01084-08-5
A. 584--C 2
PARTNERSHIP, ASSOCIATION, CORPORATION, LIMITED LIABILITY COMPANY, TRUST,
GOVERNMENT OR GOVERNMENT SUBDIVISION, OR ANY ORGANIZED GROUP ASSOCIATED
WITH AN EMPLOYER THAT PROVIDES TRAINING TO WORKERS.
2. "WORKER" MEANS AN INDIVIDUAL WHO IS PERMITTED TO WORK FOR OR ON
BEHALF OF AN EMPLOYER. THE TERM "WORKER" INCLUDES AN EMPLOYEE, INDEPEND-
ENT CONTRACTOR, EXTERN, INTERN, VOLUNTEER, APPRENTICE, SOLE PROPRIETOR
WHO PROVIDES A SERVICE OR SERVICES TO AN EMPLOYER OR TO A CLIENT OR
CUSTOMER OF AN EMPLOYER ON BEHALF OF SUCH EMPLOYER, AND AN INDIVIDUAL
WHO PROVIDES SERVICE THROUGH A BUSINESS OR NONPROFIT ENTITY OR ASSOCI-
ATION. "WORKER" DOES NOT INCLUDE AN INDIVIDUAL, EVEN IF THE INDIVIDUAL
PERFORMS INCIDENTAL SERVICE FOR THE EMPLOYER, WHOSE SOLE RELATIONSHIP
WITH THE EMPLOYER IS AS A VENDOR OF GOODS.
3. "EMPLOYMENT PROMISSORY NOTE" MEANS ANY INSTRUMENT, AGREEMENT, OR
CONTRACT PROVISION THAT REQUIRES A WORKER TO PAY THE EMPLOYER, OR THE
EMPLOYER'S AGENT OR ASSIGNEE, A SUM OF MONEY IF THE WORKER LEAVES SUCH
EMPLOYMENT BEFORE THE PASSAGE OF A STATED PERIOD OF TIME. "EMPLOYMENT
PROMISSORY NOTE" INCLUDES ANY SUCH INSTRUMENT, AGREEMENT, OR CONTRACT
PROVISION WHICH STATES SUCH PAYMENT OF MONEYS CONSTITUTES REIMBURSEMENT
FOR TRAINING PROVIDED TO THE WORKER BY THE EMPLOYER OR BY A THIRD PARTY.
§ 1051. SCOPE. THE RIGHTS AND REMEDIES PROVIDED PURSUANT TO THIS ARTI-
CLE SHALL NOT SUPERSEDE ANY OTHER RIGHTS AND REMEDIES PROVIDED BY STAT-
UTE OR COMMON LAW.
§ 1052. PROHIBITING THE USE OF EMPLOYMENT PROMISSORY NOTES AND OTHER
SIMILAR PROVISIONS. 1. BEGINNING ON THE EFFECTIVE DATE OF THIS ARTICLE,
NO EMPLOYER MAY REQUIRE, AS A CONDITION OF EMPLOYMENT, ANY WORKER OR
PROSPECTIVE WORKER TO EXECUTE AN EMPLOYMENT PROMISSORY NOTE. THE
EXECUTION OF AN EMPLOYMENT PROMISSORY NOTE AS A CONDITION OF EMPLOYMENT
IS UNCONSCIONABLE, AGAINST PUBLIC POLICY, AND UNENFORCEABLE, AND ANY
SUCH NOTE SHALL BE NULL AND VOID. IF ANY SUCH NOTE IS PART OF A LARGER
AGREEMENT, THE INVALIDITY OF SUCH NOTE SHALL NOT AFFECT THE OTHER
PROVISIONS OF SUCH AGREEMENT.
2. NOTHING IN THIS SECTION SHALL PROHIBIT OR RENDER VOID OR UNENFORCE-
ABLE ANY AGREEMENT BETWEEN A WORKER AND AN EMPLOYER THAT:
(A) REQUIRES THE WORKER TO REPAY TO THE EMPLOYER ANY SUMS ADVANCED TO
SUCH WORKER BY THE EMPLOYER, UNLESS SUCH SUMS WERE USED TO PAY FOR
TRAINING RELATED TO THE WORKER'S EMPLOYMENT WITH THE EMPLOYER;
(B) REQUIRES THE WORKER TO PAY THE EMPLOYER FOR ANY PROPERTY IT HAS
SOLD OR LEASED TO SUCH WORKER;
(C) REQUIRES EDUCATIONAL PERSONNEL TO COMPLY WITH ANY TERMS OR CONDI-
TIONS OF SABBATICAL LEAVES GRANTED BY THEIR EMPLOYERS; OR
(D) IS ENTERED INTO AS PART OF A PROGRAM AGREED TO BY THE EMPLOYER AND
ITS WORKERS' COLLECTIVE BARGAINING REPRESENTATIVE.
§ 1053. ENFORCEMENT. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN
EMPLOYEE WHO IS SUED BY AN EMPLOYER SEEKING TO ENFORCE THE PROVISIONS OF
A PROMISSORY NOTE MADE NULL AND VOID BY THIS ARTICLE SHALL BE ABLE TO
RECOVER ATTORNEY'S FEES UPON A SUCCESSFUL DEFENSE.
2. ANY EMPLOYER FOUND TO HAVE VIOLATED THIS ARTICLE SHALL BE FINED BY
THE COMMISSIONER NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN
FIVE THOUSAND DOLLARS FOR EACH VIOLATION. EACH WORKER OR PROSPECTIVE
WORKER WHOM AN EMPLOYER REQUIRED TO EXECUTE AN EMPLOYMENT PROMISSORY
NOTE OR AGAINST WHOM AN EMPLOYER SEEKS TO ENFORCE SUCH A NOTE SHALL
CONSTITUTE A SEPARATE VIOLATION OF THIS ARTICLE.
§ 1054. RULES. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
§ 1055. SAVINGS CLAUSE. IF ANY PORTION OF THIS ARTICLE OR THE APPLICA-
TION THEREOF TO ANY PERSON, OCCUPATION OR CIRCUMSTANCE IS HELD INVALID,
A. 584--C 3
THE REMAINDER OF THE ARTICLE AND THE APPLICATION OF SUCH PROVISION TO
OTHER PERSONS, EMPLOYEES, OCCUPATIONS, OR CIRCUMSTANCES SHALL NOT BE
AFFECTED THEREBY.
§ 3. This act shall take effect immediately.Every fact on this page links to its source, starting with the official bill record.