|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 07, 2023||returned to senate|
|Jun 01, 2023||ordered to third reading rules cal.428|
substituted for a581
|Mar 22, 2023||referred to judiciary|
delivered to assembly
|Mar 20, 2023||advanced to third reading|
|Mar 16, 2023||2nd report cal.|
|Mar 15, 2023||1st report cal.501|
|Feb 09, 2023||referred to judiciary|
senate Bill S4516
Current Bill Status - Passed Senate & Assembly
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4516 (ACTIVE) - Details
S4516 (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.
S4516 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4516 SPONSOR: FERNANDEZ 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 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.
S4516 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4516 2023-2024 Regular Sessions I N S E N A T E February 9, 2023 ___________ Introduced by Sen. FERNANDEZ -- 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. (c) Any such term or condition shall be void to the extent that it prohibits or otherwise restricts the complainant from: (i) initiating, testifying, assisting, complying with a subpoena from, or participating EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02527-01-3
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.