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Assembly Bill A869

2019-2020 Legislative Session

Relates to the provision of a waiver before the execution of a confidentiality agreement

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Archive: Last Bill Status - In Assembly Committee

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2019-A869 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
General Obligations Law
Laws Affected:
Amd §5-701, Gen Ob L
Versions Introduced in 2017-2018 Legislative Session:
A11308

2019-A869 (ACTIVE) - Summary

Relates to the provision of a waiver before the execution of a confidentiality agreement and requires the waiver to be signed and attached to the confidentiality agreement.

2019-A869 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    869
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by  M.  of  A.  SIMOTAS,  ORTIZ,  DINOWITZ, EPSTEIN, STIRPE,
   MOSLEY,  GOTTFRIED,  ABINANTI,   D'URSO,   WALLACE,   QUART,   PAULIN,
   SEAWRIGHT,  LENTOL,  M. G. MILLER, RA, CRUZ, THIELE, SIMON, ZEBROWSKI,
   CYMBROWITZ, STERN, GLICK, FERNANDEZ, MAGNARELLI -- Multi-Sponsored  by
   --  M.  of  A. DenDEKKER -- read once and referred to the Committee on
   Judiciary
 
 AN ACT to amend the general obligations law, in  relation  to  requiring
   the  provisions  of a waiver before the execution of a confidentiality
   agreement
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision a of section 5-701 of the general obligations
 law is amended by adding a new paragraph 4 to read as follows:
   4. IS A CONFIDENTIALITY AGREEMENT WHICH HAS BEEN SIGNED BY A PARTY  TO
 THE  CONTRACT  WITHOUT  HE  OR  SHE  FIRST  BEING PROVIDED WITH A WAIVER
 EXPLAINING THE RIGHTS HE OR SHE WOULD  BE  GIVING  UP  BY  SIGNING  SUCH
 AGREEMENT.  FOR  SUCH  WAIVER  TO  BE  BINDING,  IT  SHALL BE SIGNED AND
 ATTACHED AS AN ADDENDUM TO THE CONFIDENTIALITY AGREEMENT.   SUCH  CONFI-
 DENTIALITY  AGREEMENT  SHALL BE VOID IF IT PROHIBITS, PREVENTS OR OTHER-
 WISE RESTRICTS A PARTY FROM (I) LODGING A COMPLAINT WITH THE APPROPRIATE
 LOCAL, STATE, OR FEDERAL AGENCY; (II) TESTIFYING, ASSISTING, OR  PARTIC-
 IPATING IN ANY MANNER WITH AN INVESTIGATION CONDUCTED BY THE APPROPRIATE
 LOCAL, STATE, OR FEDERAL AGENCY; OR (III) FILING OR DISCLOSING ANY FACTS
 NECESSARY  TO  RECEIVE UNEMPLOYMENT INSURANCE, MEDICAID, OR OTHER PUBLIC
 BENEFITS SUCH PARTY IS ENTITLED TO.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01542-01-9

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