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A06756 Summary:

BILL NOA06756
 
SAME ASSAME AS S04361
 
SPONSORShimsky
 
COSPNSR
 
MLTSPNSR
 
Amd 21, Lab L
 
Relates to the commissioner's duty to ensure employers inform employees about non-disclosure or non-disparagement provisions in employment contracts.
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A06756 Actions:

BILL NOA06756
 
05/08/2023referred to labor
01/03/2024referred to labor
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A06756 Memo:

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
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A06756 Text:



 
                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
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