|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Apr 28, 2022||referred to judiciary|
senate Bill S8914
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8914 (ACTIVE) - Details
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
BILL NUMBER: S8914 SPONSOR: BIAGGI TITLE OF BILL: An act to amend the general obligations law, in relation to nondisclo- sure and non-disparagement agreements PURPOSE OR GENERAL IDEA OF BILL: To prohibit non-disclosure and non-disparagement agreements. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 5-336 of the general obligations law to prohib- it employers from including non-disclosure or non-disparagement agree- ments in a waiver, settlement, agreement or other resolution of an alleged violation of the human rights law or labor law, or otherwise preventing an employee from disclosing their experience with the employ- er. Such agreement may include language restricting an employer from disclosing the identity of an employee and the circumstances surrounding their complaint. Additionally, an employer may not include language in a
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.
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.