Senate Bill S4233

2023-2024 Legislative Session

Provides for nondisclosure and non-disparagement agreements

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S4233 (ACTIVE) - Details

See Assembly Version of this Bill:
A2555
Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §5-336, Gen Ob L
Versions Introduced in 2021-2022 Legislative Session:
S8914, A10021

2023-S4233 (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 the labor law or article fifteen of the executive law, that prevent the disclosure of the employee's workplace experience with the employer.

2023-S4233 (ACTIVE) - Sponsor Memo

2023-S4233 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4233
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2023
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 THE LABOR  LAW  OR  OF  article
 fifteen  of  the executive 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04830-02-3
              

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