|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 06, 2021||referred to judiciary|
senate Bill S738
Current Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S738 (ACTIVE) - Details
S738 (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.
S738 (ACTIVE) - Sponsor Memo
BILL NUMBER: S738 SPONSOR: BIAGGI TITLE OF BILL: An act to amend the general obligations law, in relation to violations of nondisclosure agreements in certain settlement agreements PURPOSE OR GENERAL IDEA OF BILL: To prohibit liquidated damages provisions in confidential settlements of harassment and discrimination claims. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 5-336 of the general obligations law to prohib- it any settlement or other resolution of a claim involving sexual harassment or any other form of unlawful discrimination from including any term or condition that requires the complainant, to pay the defend- ant liquidated damages in the event that the plaintiff violates a non- disclosure agreement.
S738 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 738 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sens. BIAGGI, 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 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, the complainant may revoke the agreement, and the agreement shall not become effective or be enforceable until such revocation period has expired. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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