assembly Bill A849D

2019-2020 Legislative Session

Relates to violations of nondisclosure agreements in certain settlement agreements

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 15, 2020 print number 849d
Jul 15, 2020 amend (t) and recommit to judiciary
Apr 29, 2020 print number 849c
Apr 29, 2020 amend and recommit to judiciary
Jan 08, 2020 referred to judiciary
May 28, 2019 print number 849b
May 28, 2019 amend and recommit to judiciary
Jan 23, 2019 print number 849a
Jan 23, 2019 amend (t) and recommit to judiciary
Jan 11, 2019 referred to judiciary

Co-Sponsors

view additional co-sponsors

A849 - Details

See Senate Version of this Bill:
S5469
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §5-336, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4407
2017-2018: A11353, S550
2021-2022: A5580, S738

A849 - Summary

Prohibits settlement agreements in any claim involving sexual harassment or any other form of discrimination prohibited by law from containing any condition that requires the complainant to pay the defendant liquidated damages in the event that the plaintiff violates any nondisclosure agreement included in such settlement agreement.

A849 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   849

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2019
                               ___________

Introduced  by M. of A. SIMOTAS, QUART, PAULIN, SEAWRIGHT, M. G. MILLER,
  LENTOL, GOTTFRIED, CRUZ, THIELE, STIRPE, SIMON, ZEBROWSKI, CYMBROWITZ,
  STERN, GLICK, FERNANDEZ, MAGNARELLI, MOSLEY -- read once and  referred
  to the Committee on Judiciary

AN  ACT to amend the general obligations law, in relation to independent
  consideration required for certain provisions in settlement agreements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  general  obligations  law is amended by adding a new
section 5-1117 to read as follows:
  § 5-1117. INDEPENDENT CONSIDERATION  REQUIRED  FOR  SETTLEMENT  AGREE-
MENTS.  INDEPENDENT  CONSIDERATION  SHALL BE REQUIRED FOR EACH CONFIDEN-
TIALITY PROVISION INCLUDED IN A SETTLEMENT AGREEMENT. FOR  THE  PURPOSES
OF  THIS  SECTION,  "INDEPENDENT  CONSIDERATION" SHALL MEAN SOMETHING OF
VALUE, EITHER A PROMISE, AN ACT OR AN OBJECT THAT IS OFFERED IN EXCHANGE
FOR EACH CONFIDENTIALITY PROVISION.
  § 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01543-01-9

Co-Sponsors

view additional co-sponsors

A849A - Details

See Senate Version of this Bill:
S5469
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §5-336, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4407
2017-2018: A11353, S550
2021-2022: A5580, S738

A849A - Summary

Prohibits settlement agreements in any claim involving sexual harassment or any other form of discrimination prohibited by law from containing any condition that requires the complainant to pay the defendant liquidated damages in the event that the plaintiff violates any nondisclosure agreement included in such settlement agreement.

A849A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 849--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2019
                               ___________

Introduced  by M. of A. SIMOTAS, QUART, PAULIN, SEAWRIGHT, M. G. MILLER,
  LENTOL, GOTTFRIED, CRUZ, THIELE, STIRPE, SIMON, ZEBROWSKI, CYMBROWITZ,
  STERN, GLICK, FERNANDEZ, MAGNARELLI, MOSLEY -- read once and  referred
  to  the  Committee on Judiciary -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general obligations law, in relation to  independent
  consideration required for certain provisions in settlement agreements
  and  violations  of  nondisclosure  agreements  in  certain settlement
  agreements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  general  obligations  law is amended by adding a new
section 5-1117 to read as follows:
  § 5-1117. INDEPENDENT CONSIDERATION  REQUIRED  FOR  SETTLEMENT  AGREE-
MENTS.  INDEPENDENT  CONSIDERATION  SHALL BE REQUIRED FOR EACH CONFIDEN-
TIALITY PROVISION INCLUDED IN A SETTLEMENT AGREEMENT. FOR  THE  PURPOSES
OF  THIS  SECTION,  "INDEPENDENT  CONSIDERATION" SHALL MEAN SOMETHING OF
VALUE, EITHER A PROMISE, AN ACT OR AN OBJECT THAT IS OFFERED IN EXCHANGE
FOR EACH CONFIDENTIALITY PROVISION.
  § 2. Section 5-336 of the general obligations law, as added by section
1 of subpart D of part KK of chapter 57 of the laws of 2018, is  amended
to read as follows:
  §  5-336.  Nondisclosure agreements. (A) Notwithstanding any other law
to the contrary, no employer, its officers or employees shall  have  the
authority to include or agree to include in any settlement, agreement or
other resolution of any claim, the factual foundation for which involves
sexual  harassment, any term or condition that would prevent the disclo-
sure of the underlying facts and circumstances to the  claim  or  action
unless the condition of confidentiality is the complainant's preference.
Any  such  term  or  condition  must be provided to all parties, and the
complainant shall have twenty-one days to consider such term  or  condi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

A849B - Details

See Senate Version of this Bill:
S5469
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §5-336, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4407
2017-2018: A11353, S550
2021-2022: A5580, S738

A849B - Summary

Prohibits settlement agreements in any claim involving sexual harassment or any other form of discrimination prohibited by law from containing any condition that requires the complainant to pay the defendant liquidated damages in the event that the plaintiff violates any nondisclosure agreement included in such settlement agreement.

A849B - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 849--B

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2019
                               ___________

Introduced  by M. of A. SIMOTAS, QUART, PAULIN, SEAWRIGHT, M. G. MILLER,
  LENTOL, GOTTFRIED, CRUZ, THIELE, STIRPE, SIMON, ZEBROWSKI, CYMBROWITZ,
  STERN, GLICK, FERNANDEZ, MAGNARELLI, MOSLEY,  LUPARDO,  BLAKE,  GALEF,
  EPSTEIN,  MONTESANO,  CRESPO,  NIOU  --  read once and referred to the
  Committee on Judiciary -- 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

AN  ACT to amend the general obligations law, in relation to independent
  consideration required for certain provisions in settlement agreements
  and violations  of  nondisclosure  agreements  in  certain  settlement
  agreements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general obligations law is  amended  by  adding  a  new
section 5-1117 to read as follows:
  §  5-1117.  INDEPENDENT  CONSIDERATION  REQUIRED FOR SETTLEMENT AGREE-
MENTS. INDEPENDENT CONSIDERATION SHALL BE REQUIRED  FOR  EACH  CONFIDEN-
TIALITY  PROVISION  INCLUDED IN A SETTLEMENT AGREEMENT. FOR THE PURPOSES
OF THIS SECTION, "INDEPENDENT CONSIDERATION"  SHALL  MEAN  SOMETHING  OF
VALUE, EITHER A PROMISE, AN ACT OR AN OBJECT THAT IS OFFERED IN EXCHANGE
FOR EACH CONFIDENTIALITY PROVISION.
  § 2. Section 5-336 of the general obligations law, as added by section
1  of subpart D of part KK of chapter 57 of the laws of 2018, is amended
to read as follows:
  § 5-336. Nondisclosure agreements. (A) Notwithstanding any  other  law
to  the  contrary, no employer, its officers or employees shall have the
authority to include or agree to include in any settlement, agreement or
other resolution of any claim, the factual foundation for which involves
sexual harassment, any term or condition that would prevent the  disclo-
sure  of  the  underlying facts and circumstances to the claim or action

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

A849C - Details

See Senate Version of this Bill:
S5469
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §5-336, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4407
2017-2018: A11353, S550
2021-2022: A5580, S738

A849C - Summary

Prohibits settlement agreements in any claim involving sexual harassment or any other form of discrimination prohibited by law from containing any condition that requires the complainant to pay the defendant liquidated damages in the event that the plaintiff violates any nondisclosure agreement included in such settlement agreement.

A849C - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 849--C

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2019
                               ___________

Introduced  by M. of A. SIMOTAS, QUART, PAULIN, SEAWRIGHT, M. G. MILLER,
  LENTOL, GOTTFRIED, CRUZ, THIELE, STIRPE, SIMON, ZEBROWSKI, CYMBROWITZ,
  STERN, GLICK, FERNANDEZ, MAGNARELLI, MOSLEY,  LUPARDO,  BLAKE,  GALEF,
  EPSTEIN, MONTESANO, CRESPO, NIOU, NOLAN, L. ROSENTHAL, JACOBSON, ROZIC
  --  read  once and referred to the Committee on Judiciary -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments,  ordered reprinted as amended and recommitted to said committee
  -- recommitted to the Committee on Judiciary in accordance with Assem-
  bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the general obligations law, in relation to independent
  consideration required for certain provisions in settlement agreements
  and violations  of  nondisclosure  agreements  in  certain  settlement
  agreements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general obligations law is  amended  by  adding  a  new
section 5-1117 to read as follows:
  §  5-1117.  INDEPENDENT  CONSIDERATION  REQUIRED FOR SETTLEMENT AGREE-
MENTS. INDEPENDENT CONSIDERATION SHALL BE REQUIRED  FOR  EACH  CONFIDEN-
TIALITY  PROVISION  INCLUDED IN A SETTLEMENT AGREEMENT. FOR THE PURPOSES
OF THIS SECTION, "INDEPENDENT CONSIDERATION"  SHALL  MEAN  SOMETHING  OF
VALUE, EITHER A PROMISE, AN ACT OR AN OBJECT THAT IS OFFERED IN EXCHANGE
FOR EACH CONFIDENTIALITY PROVISION.
  § 2. Section 5-336 of the general obligations law, as amended by chap-
ter 160 of the laws of 2019, is amended to read as follows:
  §  5-336.  Nondisclosure  agreements. 1. (a) Notwithstanding any other
law to the contrary, no employer, its officers or employees  shall  have
the  authority  to include or agree to include in any settlement, agree-
ment or other resolution of any claim, the factual foundation for  which

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

A849D (ACTIVE) - Details

See Senate Version of this Bill:
S5469
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §5-336, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4407
2017-2018: A11353, S550
2021-2022: A5580, S738

A849D (ACTIVE) - Summary

Prohibits settlement agreements in any claim involving sexual harassment or any other form of discrimination prohibited by law from containing any condition that requires the complainant to pay the defendant liquidated damages in the event that the plaintiff violates any nondisclosure agreement included in such settlement agreement.

A849D (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 849--D

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2019
                               ___________

Introduced  by M. of A. SIMOTAS, QUART, PAULIN, SEAWRIGHT, M. G. MILLER,
  LENTOL, GOTTFRIED, CRUZ, THIELE, STIRPE, SIMON, ZEBROWSKI, CYMBROWITZ,
  STERN, GLICK, FERNANDEZ, MAGNARELLI, MOSLEY,  LUPARDO,  BLAKE,  GALEF,
  EPSTEIN, MONTESANO, NIOU, NOLAN, L. ROSENTHAL, JACOBSON, ROZIC -- read
  once   and  referred  to  the  Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments,  ordered reprinted as amended and recommitted to said committee
  -- recommitted to the Committee on Judiciary in accordance with Assem-
  bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Judiciary in accordance with Assembly Rule 3, sec.
  2 -- committee discharged, bill amended, ordered reprinted as  amended
  and recommitted to said committee

AN  ACT  to amend the general obligations law, in relation to violations
  of nondisclosure agreements in certain settlement agreements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 5-336 of the general obligations law, as amended by
chapter 160 of the laws of 2019, is amended to read as follows:
  §  5-336.  Nondisclosure  agreements. 1. (a) Notwithstanding any other
law to the contrary, no employer, its officers or employees  shall  have
the  authority  to include or agree to include in any settlement, agree-
ment or other resolution of any claim, the factual foundation for  which
involves  discrimination,  HARASSMENT,  OR  RETALIATION, in violation of
laws prohibiting discrimination, INCLUDING DISCRIMINATORY HARASSMENT  OR
RETALIATION, including but not limited to, article fifteen of the execu-
tive law, any term or condition that would prevent the disclosure of the
underlying  facts  and  circumstances  to the claim or action unless the
condition of confidentiality is the complainant's preference.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01543-11-0