senate Bill S5469B

2019-2020 Legislative Session

Relates to violations of nondisclosure agreements in certain settlement agreements

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Archive: Last Bill Status - In Senate Committee Judiciary 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 15, 2020 print number 5469b
Jul 15, 2020 amend (t) and recommit to judiciary
Jan 08, 2020 referred to judiciary
May 28, 2019 print number 5469a
May 28, 2019 amend and recommit to judiciary
May 01, 2019 referred to judiciary

Co-Sponsors

view additional co-sponsors

S5469 - Details

See Assembly Version of this Bill:
A849
Current Committee:
Senate 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: S550, A11353
2021-2022: S738, A5580

S5469 - 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.

S5469 - Sponsor Memo

S5469 - Bill Text download pdf


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

                                  5469

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 1, 2019
                               ___________

Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
  printed to be committed 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
  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-
tion.   If   after  twenty-one  days  such  term  or  condition  is  the
complainant's preference, such preference shall be  memorialized  in  an
agreement  signed  by  all  parties. For a period of at least seven days

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

Co-Sponsors

view additional co-sponsors

S5469A - Details

See Assembly Version of this Bill:
A849
Current Committee:
Senate 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: S550, A11353
2021-2022: S738, A5580

S5469A - 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.

S5469A - Sponsor Memo

S5469A - Bill Text download pdf


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

                                 5469--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 1, 2019
                               ___________

Introduced  by Sens. BIAGGI, CARLUCCI, HOYLMAN, KRUEGER, LIU, SALAZAR --
  read twice and ordered printed, and when printed to  be  committed  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-
tion.   If   after  twenty-one  days  such  term  or  condition  is  the

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

Co-Sponsors

view additional co-sponsors

S5469B (ACTIVE) - Details

See Assembly Version of this Bill:
A849
Current Committee:
Senate 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: S550, A11353
2021-2022: S738, A5580

S5469B (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.

S5469B (ACTIVE) - Sponsor Memo

S5469B (ACTIVE) - Bill Text download pdf


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

                                 5469--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 1, 2019
                               ___________

Introduced  by  Sens.  BIAGGI,  CARLUCCI,  GAUGHRAN, GOUNARDES, HOYLMAN,
  KRUEGER, LIU, MAYER,  RIVERA,  SALAZAR,  SKOUFIS  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Judiciary -- committee discharged, bill amended, ordered reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Judiciary in accordance with Senate Rule  6,  sec.  8  --
  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.
  (b)  Any  such  term  or  condition must be provided in writing to all
parties in plain English, and, if applicable, the  primary  language  of
the complainant, and the complainant shall have UP TO twenty-one days to
consider  such term or condition. If [after twenty-one days such term or
condition] CONFIDENTIALITY is the complainant's preference, such prefer-
ence shall be memorialized in an agreement signed by all parties. For  a
period of at least seven days following the execution of such agreement,

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

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