BILL NUMBER: S2035A

SPONSOR: BIAGGI
 
TITLE OF BILL:  An act to amend the labor law, in relation to the
commissioner's duty to ensure employers inform employees about certain
provisions in employment contracts

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that employers inform workers that non-disclosure or non-dis-
paragement provisions in their employment contracts cannot prevent them
from speaking with law enforcement, the equal employment opportunity
commission the division of human rights, a local human rights commis-
sion, or an attorney retained by the employee.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 21 of the labor law by adding a new subdivision
15 to require employers to inform employees signing non-disclosure
agreements that they retain the right to report to law enforcement, the
equal employment opportunity commission, the division of human rights, a
              

local human rights commission or an attorney retained by the employee.

Section 2 provides the effective date.

 
JUSTIFICATION:

As the use of non-disclosure agreements in employment contracts has
become more widespread, there have been frequent misunderstandings about
the rights of employees to report workplace misconduct. Many workers are
victims or witnesses to sexual harassment believe that if they report to
the police or cooperate with an investigation they could be sued for
violating their nondisclosure agreements. Requiring employers to clarify
the limits on non-disclosure agreements will ensure all workers are
aware of their legal rights and can freely report unlawful acts without
fear of retaliation. This legislation will establish an important safe-
guard against the misuse of non-disclosure agreements as a tool to
silence whistleblowers.

 
PRIOR LEGISLATIVE HISTORY:

2017-2018: A11301A- Referred to Labor

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The ninetieth day after it shall have become law.