Bill Text: NY S02037 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to the provision of a waiver before the execution of a confidentiality agreement and requires the waiver to be signed and attached to the confidentiality agreement.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2020-01-21 - RECOMMIT, ENACTING CLAUSE STRICKEN [S02037 Detail]

Download: New_York-2019-S02037-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 18, 2019
        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  requiring
          the  provisions  of a waiver before the execution of a confidentiality
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision a of section 5-701 of the general obligations
     2  law is amended by adding a new paragraph 4 to read as follows:
     3    4. Is a confidentiality agreement which has been signed by a party  to
     4  the  contract  without  he  or  she  first  being provided with a waiver
     5  explaining the rights he or she would  be  giving  up  by  signing  such
     6  agreement.  For  such  waiver  to  be  binding,  it  shall be signed and
     7  attached as an addendum to the confidentiality agreement.   Such  confi-
     8  dentiality  agreement  shall be void if it prohibits, prevents or other-
     9  wise restricts a party from (i) lodging a complaint with the appropriate
    10  local, state, or federal agency; (ii) testifying, assisting, or  partic-
    11  ipating in any manner with an investigation conducted by the appropriate
    12  local, state, or federal agency; or (iii) filing or disclosing any facts
    13  necessary  to  receive unemployment insurance, medicaid, or other public
    14  benefits such party is entitled to.
    15    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.