Bill Text: NY A11308 | 2017-2018 | General Assembly | Amended

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: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced - Dead) 2018-10-19 - print number 11308a [A11308 Detail]

Download: New_York-2017-A11308-Amended.html

                STATE OF NEW YORK
                   IN ASSEMBLY
                                     August 15, 2018
        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Simotas,
          Pellegrino,  Ortiz,  Dinowitz,  Epstein,  Stirpe,  Mosley,  Gottfried,
          Abinanti,  D'Urso, Wallace, DenDekker, Errigo, Quart) -- read once and
          referred to the Committee on Judiciary -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
        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.