S04516 Summary:

BILL NOS04516
 
SAME ASSAME AS A00581
 
SPONSORFERNANDEZ
 
COSPNSRADDABBO
 
MLTSPNSR
 
Amd §5-336, Gen Ob L
 
Prohibits settlement agreements in any claim involving sexual harassment or any other form of discrimination prohibited by law from containing any condition that requires the complainant to pay the defendant liquidated damages in the event that the plaintiff violates any nondisclosure agreement included in such settlement agreement.
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S04516 Actions:

BILL NOS04516
 
02/09/2023REFERRED TO JUDICIARY
03/15/20231ST REPORT CAL.501
03/16/20232ND REPORT CAL.
03/20/2023ADVANCED TO THIRD READING
03/22/2023PASSED SENATE
03/22/2023DELIVERED TO ASSEMBLY
03/22/2023referred to judiciary
06/01/2023substituted for a581
06/01/2023ordered to third reading rules cal.428
06/07/2023passed assembly
06/07/2023returned to senate
11/13/2023DELIVERED TO GOVERNOR
11/17/2023SIGNED CHAP.658
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S04516 Committee Votes:

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S04516 Floor Votes:

DATE:06/07/2023Assembly Vote  YEA/NAY: 100/48
Yes
Alvarez
Yes
Carroll
No
Flood
Yes
Kim
No
Palmesano
No
Simpson
Yes
Anderson
Yes
Chandler-Waterm
Yes
Forrest
Yes
Lavine
Yes
Paulin
No
Slater
No
Angelino
No
Chang
No
Friend
Yes
Lee
Yes
Peoples-Stokes
No
Smith
Yes
Ardila
Yes
Clark
Yes
Gallagher
No
Lemondes
Yes
Pheffer Amato
No
Smullen
Yes
Aubry
Yes
Colton
No
Gallahan
Yes
Levenberg
No
Pirozzolo
Yes
Solages
No
Barclay
Yes
Conrad
No ‡
Gandolfo
Yes
Lucas
Yes
Pretlow
Yes
Steck
Yes
Barrett
Yes
Cook
Yes
Gibbs
Yes
Lunsford
No
Ra
Yes
Stern
No
Beephan
Yes
Cruz
No
Giglio JA
Yes
Lupardo
Yes
Raga
Yes
Stirpe
No
Bendett
Yes
Cunningham
No
Giglio JM
Yes
Magnarelli
Yes
Rajkumar
No
Tague
Yes
Benedetto
No
Curran
Yes
Glick
No
Maher
Yes
Ramos
No
Tannousis
Yes
Bichotte Hermel
Yes
Darling
Yes
Gonzalez-Rojas
Yes
Mamdani
No
Reilly
Yes
Tapia
No
Blankenbush
Yes
Davila
No
Goodell
No
Manktelow
Yes
Reyes
Yes
Taylor
No
Blumencranz
Yes
De Los Santos
No
Gray
Yes
McDonald
Yes
Rivera
Yes
Thiele
Yes
Bores
No
DeStefano
Yes
Gunther
No ‡
McDonough
Yes
Rosenthal D
Yes
Vanel
No
Brabenec
Yes
Dickens
No
Hawley
No
McGowan
Yes
Rosenthal L
Yes
Walker
Yes
Braunstein
Yes
Dilan
ER
Hevesi
Yes
McMahon
Yes
Rozic
Yes
Wallace
Yes
Bronson
Yes
Dinowitz
Yes
Hunter
Yes
Meeks
Yes
Santabarbara
No
Walsh
No
Brook-Krasny
No
DiPietro
Yes
Hyndman
No
Mikulin
Yes
Sayegh
Yes
Weinstein
No
Brown E
No
Durso
Yes
Jackson
No
Miller
Yes
Seawright
Yes
Weprin
No
Brown K
Yes
Eachus
Yes
Jacobson
Yes
Mitaynes
Yes
Septimo
Yes
Williams
Yes
Burdick
Yes
Eichenstein
Yes
Jean-Pierre
No
Morinello
Yes
Shimsky
Yes
Woerner
Yes
Burgos
Yes
Epstein
No
Jensen
No
Norris
Yes
Shrestha
Yes
Zaccaro
Yes
Burke
Yes
Fahy
Yes
Jones
No
Novakhov
Yes
Sillitti
Yes
Zebrowski
Yes
Buttenschon
Yes
Fall
Yes
Joyner
ER
O'Donnell
Yes
Simon
Yes
Zinerman
No
Byrnes
No
Fitzpatrick
Yes
Kelles
Yes
Otis
Yes
Simone
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S04516 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4516
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 9, 2023
                                       ___________
 
        Introduced by Sen. FERNANDEZ -- 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 violations
          of nondisclosure agreements in certain settlement agreements
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 5-336 of the general obligations law, as amended by
     2  chapter 160 of the laws of 2019, is amended to read as follows:
     3    §  5-336.  Nondisclosure  agreements. 1. (a) Notwithstanding any other
     4  law to the contrary, no employer, its officers or employees  shall  have
     5  the  authority  to include or agree to include in any settlement, agree-
     6  ment or other resolution of any claim, the factual foundation for  which
     7  involves  discrimination,  harassment,  or  retaliation, in violation of
     8  laws prohibiting discrimination, including discriminatory harassment  or
     9  retaliation, including but not limited to, article fifteen of the execu-
    10  tive law, any term or condition that would prevent the disclosure of the
    11  underlying  facts  and  circumstances  to the claim or action unless the
    12  condition of confidentiality is the complainant's preference.
    13    (b) Any such term or condition must be  provided  in  writing  to  all
    14  parties  in  plain  English, and, if applicable, the primary language of
    15  the complainant, and the complainant shall have up to twenty-one days to
    16  consider such term or condition. If [after twenty-one days such term  or
    17  condition] confidentiality is the complainant's preference, such prefer-
    18  ence  shall be memorialized in an agreement signed by all parties. For a
    19  period of at least seven days following the execution of such agreement,
    20  the complainant may revoke the agreement, and the  agreement  shall  not
    21  become  effective  or  be  enforceable  until such revocation period has
    22  expired.
    23    (c) Any such term or condition shall be void to  the  extent  that  it
    24  prohibits  or  otherwise restricts the complainant from: (i) initiating,
    25  testifying, assisting, complying with a subpoena from, or  participating
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02527-01-3

        S. 4516                             2
 
     1  in  any manner with an investigation conducted by the appropriate local,
     2  state, or federal agency; or (ii) filing or disclosing any facts  neces-
     3  sary  to receive unemployment insurance, Medicaid, or other public bene-
     4  fits to which the complainant is entitled.
     5    2. Notwithstanding any provision of law to the contrary, any provision
     6  in  a  contract or other agreement between an employer or an agent of an
     7  employer and any  employee  [or],  potential  employee,  or  independent
     8  contractor  of that employer entered into on or after January first, two
     9  thousand twenty, that prevents the  disclosure  of  factual  information
    10  related  to any future claim of discrimination is void and unenforceable
    11  unless such provision notifies the employee [or], potential employee, or
    12  independent contractor that it  does  not  prohibit  [him  or  her]  the
    13  complainant  from  speaking  with  law enforcement, the equal employment
    14  opportunity commission, the state division of human rights, the attorney
    15  general, a local commission on human rights, or an attorney retained  by
    16  the employee or potential employee.
    17    3.  Notwithstanding  any  other law to the contrary, no release of any
    18  claim, the factual foundation  for  which  involves  unlawful  discrimi-
    19  nation,  including  discriminatory  harassment, or retaliation, shall be
    20  enforceable, if as part of the agreement resolving such claim:
    21    (a)  the  complainant  is  required  to  pay  liquidated  damages  for
    22  violation of a nondisclosure clause or nondisparagement clause;
    23    (b)  the complainant is required to forfeit all or part of the consid-
    24  eration for the agreement, for violation of a  nondisclosure  clause  or
    25  nondisparagement clause; or
    26    (c)  it  contains or requires any affirmative statement, assertion, or
    27  disclaimer by the complainant that  the  complainant  was  not  in  fact
    28  subject to unlawful discrimination, including discriminatory harassment,
    29  or retaliation.
    30    §  2. This act shall take effect immediately and shall apply to agree-
    31  ments entered on or after such date.
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