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Summary of differences between federal and state regulations
Federal law generally does not regulate employment contracts between employers and employees with one exception: contracts that require the joining or refraining from joining of a labor union as a condition of employment. On the federal level, these contracts are governed by the National Labor Relations Act. States may have a corresponding provision and may also have additional provisions regarding employment contracts.
New York law has a similar provision to federal concerning union membership. It also contains additional provisions relative to employment contracts.
Union membership
Any verbal or written contract between an employer and an employee requiring the employee’s membership or non-membership in a labor union as a condition of employment is contrary to public policy and void. Chapter 24-A Article 5, Title 3, §5-301
Waiver of benefits
An employee may not be required by the employer to enter into an agreement to waive his or her rights to workers’ compensation benefits or to agree to have deductions taken from the employee’s check. Chapter 67, Article 2, §32
An employee can not agree to waive his or her rights to unemployment benefits.
New York Consolidated Laws Chapter 31, Title 7, §595
State
Contact
New York State Department of Labor
Regulations
Union membership
New York Consolidated Laws, Chapter 24-A Article 5, Title 3, §5-301
Waiver of benefits
New York Consolidated Laws Chapter 67, Article 2, §32
New York Consolidated Laws Chapter 31, Title 7, §595