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.
STATE OF NEW YORK
________________________________________________________________________
11308--A
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-
tee
AN ACT to amend the general obligations law, in relation to requiring
the provisions of a waiver before the execution of a confidentiality
agreement
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.
LBD13992-03-8
