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
________________________________________________________________________
2037
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
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.
LBD01542-01-9
