NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6756
SPONSOR: Shimsky
 
TITLE OF BILL:
An act to amend the labor law, in relation to the commissioner's duty to
ensure employers inform employees about certain provisions in employment
contracts
 
PURPOSE OR GENERAL IDEA OF BILL:
To require that employers inform workers that non-disclosure or non-dis-
paragement provisions in their employment contracts cannot prevent them
from speaking with law enforcement, the equal employment opportunity
commission, the division of human rights, a local human rights commis-
sion, or an attorney retained by the employee.
 
SUMMARY OF PROVISIONS:
Section 1 amends seCtion'21 of the labor law by adding a new subdivision
16 to require employers to inform employees signing nondisclosure agree-
ments that they retain the right to report to law enforcement, the equal
employment opportunity commission, the division of human rights, a local
human rights commission or an attorney retained by the employee.
Section 2 provides the effective date.
 
JUSTIFICATION:
As the use of non-disclosure. agreements in employment contracts has
become more widespread, there have been frequent misunderstandings about
the rights of employees to report workplace misconduct. Many workers are
victims or witnesses to sexual harassment believe that if they report to
the police or cooperate with an investigation they could be sued for
violating their nondisclosure agreements. Requiring employers to clarify
the limits on nondisclosure agreements will ensure all workers are aware
of their legal rights and can freely report unlawful acts without fear
of retaliation. This legislation will establish an important safe-guard
against the misuse of nondisclosure agreements as a tool to silence
whistleblowers.
 
PRIOR LEGISLATIVE HISTORY:
2021-2022: S457
2019-2020: S2035 / A1115
2017-2018: A11301
 
FISCAL IMPLICATIONS:
None to the State
 
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
6756
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. SHIMSKY -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to the commissioner's duty to
ensure employers inform employees about certain provisions in employ-
ment contracts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 21 of the labor law is amended by adding a new
2 subdivision 16 to read as follows:
3 16. Shall require employers to inform their employees that non-disclo-
4 sure or non-disparagement provisions in their employment contracts do
5 not prohibit them from speaking with law enforcement, the equal employ-
6 ment opportunity commission, the state division of human rights, a local
7 commission on human rights, or an attorney retained by the employee.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08596-01-3