senate Bill S8914

2021-2022 Legislative Session

Provides for nondisclosure and non-disparagement agreements

download bill text pdf

Sponsored By

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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 28, 2022 referred to judiciary

Co-Sponsors

S8914 (ACTIVE) - Details

See Assembly Version of this Bill:
A10021
Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §5-336, Gen Ob L
Versions Introduced in 2023-2024 Legislative Session:
A2555

S8914 (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.

S8914 (ACTIVE) - Sponsor Memo

S8914 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8914
 
                             I N  S E N A T E
 
                              April 28, 2022
                                ___________
 
 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  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.

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