Bill Text: NY A00849 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 28-1)

Status: (Introduced - Dead) 2020-07-15 - print number 849d [A00849 Detail]

Download: New_York-2019-A00849-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           849
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2019
                                       ___________
        Introduced  by M. of A. SIMOTAS, QUART, PAULIN, SEAWRIGHT, M. G. MILLER,
          LENTOL, GOTTFRIED, CRUZ, THIELE, STIRPE, SIMON, ZEBROWSKI, CYMBROWITZ,
          STERN, GLICK, FERNANDEZ, MAGNARELLI, MOSLEY -- read once and  referred
          to the Committee on Judiciary
        AN  ACT to amend the general obligations law, in relation to independent
          consideration required for certain provisions in settlement agreements
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  general  obligations  law is amended by adding a new
     2  section 5-1117 to read as follows:
     3    § 5-1117. Independent consideration  required  for  settlement  agree-
     4  ments.  Independent  consideration  shall be required for each confiden-
     5  tiality provision included in a settlement agreement. For  the  purposes
     6  of  this  section,  "independent  consideration" shall mean something of
     7  value, either a promise, an act or an object that is offered in exchange
     8  for each confidentiality provision.
     9    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01543-01-9