N.Y. General Obligations Law Section 5-301
Certain employment contracts void

Every undertaking or promise, whether written or oral, express or implied, constituting or contained, in any contract or agreement of hiring or employment between any individual, firm, company, association or corporation and any employee or prospective employee of the same, whereby (a) any employee or prospective employee undertakes or promises to join, become or remain a member of a company union; or

(b)

either party to such contract or agreement undertakes or promises not to join, become, or remain a member of any labor organization or any organization of employers; or

(c)

either party to such contract or agreement undertakes or promises that he will withdraw from the employment relation in the event that he joins, becomes or remains a member of any labor organization or of any organization of employers, is hereby declared to be contrary to public policy and wholly void and shall not afford any basis for the granting of legal or equitable relief by any court against a party to such undertaking or promise, or against any other persons who may advise, urge or induce, without fraud, violence, or threat thereof, either party thereto to act in disregard of such undertaking or promise.

Source: Section 5-301 — Certain employment contracts void, https://www.­nysenate.­gov/legislation/laws/GOB/5-301 (updated Sep. 22, 2014; accessed May 24, 2025).

5–301
Certain employment contracts void 5–302
Contracts for the creation and use of digital replicas 5–311
Certain agreements between husband and wife void 5–321
Agreements exempting lessors from liability for negligence void and unenforceable 5–322
Agreements exempting caterers and catering establishments from liability for negligence void and unenforceable 5–322.1
Agreements exempting owners and contractors from liability for negligence void and unenforceable 5–322.2
Contents of certain construction contracts 5–322.3
Payment bonds to be filed 5–323
Agreements exempting building service or maintenance contractors from liability for negligence void and unenforceable 5–324
Agreements by owners, contractors, subcontractors or suppliers to indemnify architects, engineers and surveyors from liability caused by ... 5–325
Garages and parking places 5–326
Agreements exempting pools, gymnasiums, places of public amusement or recreation and similar establishments from liability for negligence... 5–327
Consumers’ right to recover attorney’s fees in actions arising out of consumer contracts 5–328
Processing fee by holder of dishonored check 5–331
Certain covenants and restrictions in conveyances and other agreements affecting real property void as against public policy 5–332
Unsolicited and voluntarily sent merchandise deemed unconditional gift 5–333
Validity of oil, gas or mineral land leases 5–334
Option or right to acquire interest in property 5–335
Limitation of reimbursement and subrogation claims in personal injury and wrongful death actions 5–336
Nondisclosure agreements 5–337
Agreements requiring contractees to waive their rights in relation to expressing certain opinions about contractors void and unenforceable
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Accessed:
May 24, 2025

Last modified:
Sep. 22, 2014

§ 5-301’s source at nysenate​.gov

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