Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Apr 29, 2022 | referred to judiciary |
assembly Bill A10021
Sponsored By
GONZALEZ-ROJAS
Current Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Co-Sponsors
Steven Englebright
Emily Gallagher
Catalina Cruz
Jo Anne Simon
A10021 (ACTIVE) - Details
- See Senate Version of this Bill:
- S8914
- Current Committee:
- Assembly Judiciary
- Law Section:
- General Obligations Law
- Laws Affected:
- Amd §5-336, Gen Ob L
A10021 (ACTIVE) - Summary
Prohibits provisions in any waiver, settlement, agreement or other resolution of any claim where the foundation for which is an alleged violation of article fifteen of the executive law or the labor law, that prevent the disclosure of the employee's workplace experience with the employer.
A10021 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10021 I N A S S E M B L Y April 29, 2022 ___________ Introduced by M. of A. GONZALEZ-ROJAS -- read once and referred to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to nondisclo- sure and non-disparagement 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 AND NON-DISPARAGEMENT agreements. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "EMPLOYER" SHALL MEAN ALL PUBLIC AND PRIVATE EMPLOYERS WITHIN THE STATE. (B) "EMPLOYEE" SHALL MEAN ALL PUBLIC AND PRIVATE EMPLOYEES, INCLUDING APPLICANTS FOR EMPLOYMENT, FORMER EMPLOYEES, PAID OR UNPAID INTERNS, VOLUNTEERS AND NATURAL PERSONS EMPLOYED AS INDEPENDENT CONTRACTORS TO CARRY OUT WORK IN FURTHERANCE OF AN EMPLOYER'S BUSINESS ENTERPRISE WHO ARE NOT THEMSELVES EMPLOYERS. 2. (a) Notwithstanding any other law to the contrary, no employer, its officers, AGENTS or employees shall have the authority to include or agree to include in any WAIVER, settlement, agreement or other resol- ution of any claim, the factual foundation for which involves [discrimi- nation, in violation of laws prohibiting discrimination, including but not limited to,] AN ALLEGED VIOLATION OF article fifteen of the execu- tive law OR THE LABOR 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] EMPLOYEE'S WORKPLACE EXPERIENCE WITH THE EMPLOYER. ANY SUCH TERM OR CONDITION SHALL BE DEEMED AGAINST PUBLIC POLICY AND UNENFORCEA- BLE AGAINST AN EMPLOYEE. (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 twenty-one days to consider such term or condition. If after twenty-one days such term or condition is the complainant's preference, such preference shall be EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.