Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 15, 2020 |
print number 5469b |
Jul 15, 2020 |
amend (t) and recommit to judiciary |
Jan 08, 2020 |
referred to judiciary |
May 28, 2019 |
print number 5469a |
May 28, 2019 |
amend and recommit to judiciary |
May 01, 2019 |
referred to judiciary |
Senate Bill S5469B
2019-2020 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
(D) Senate District
(D, WF) 47th Senate District
(D, WF) 28th Senate District
(D) 16th Senate District
2019-S5469 - Details
2019-S5469 - Summary
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.
2019-S5469 - Sponsor Memo
BILL NUMBER: S5469 SPONSOR: BIAGGI TITLE OF BILL: An act to amend the general obligations law, in relation to independent consideration required for certain provisions in settlement agreements and violations of nondisclosure agreements in certain settlement agreements PURPOSE OR GENERAL IDEA OF BILL: To require independent consideration for settlement agreements and prohibit liquidated damages provisions in confidential settlements of harassment and discrimination claims. SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new section, 5-1117, to the general obligations law to require independent consideration for each confidentiality provision included in a settlement agreement. Section 2 amends section 5-336 of the general obligations law to prohib-
2019-S5469 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5469 2019-2020 Regular Sessions I N S E N A T E May 1, 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 independent consideration required for certain provisions in settlement agreements and 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: Section 1. The general obligations law is amended by adding a new section 5-1117 to read as follows: § 5-1117. INDEPENDENT CONSIDERATION REQUIRED FOR SETTLEMENT AGREE- MENTS. INDEPENDENT CONSIDERATION SHALL BE REQUIRED FOR EACH CONFIDEN- TIALITY PROVISION INCLUDED IN A SETTLEMENT AGREEMENT. FOR THE PURPOSES OF THIS SECTION, "INDEPENDENT CONSIDERATION" SHALL MEAN SOMETHING OF VALUE, EITHER A PROMISE, AN ACT OR AN OBJECT THAT IS OFFERED IN EXCHANGE FOR EACH CONFIDENTIALITY PROVISION. § 2. Section 5-336 of the general obligations law, as added by section 1 of subpart D of part KK of chapter 57 of the laws of 2018, is amended to read as follows: § 5-336. Nondisclosure agreements. (A) Notwithstanding any other law to the contrary, no employer, its officers or employees shall have the authority to include or agree to include in any settlement, agreement or other resolution of any claim, the factual foundation for which involves sexual harassment, any term or condition that would prevent the disclo- sure of the underlying facts and circumstances to the claim or action unless the condition of confidentiality is the complainant's preference. Any such term or condition must be provided to all parties, and the complainant shall have twenty-one days to consider such term or condi- tion. If after twenty-one days such term or condition is the complainant's preference, such preference shall be memorialized in an agreement signed by all parties. For a period of at least seven days EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(D) Senate District
(D) Senate District
(D) 26th Senate District
(D, WF) 47th Senate District
2019-S5469A - Details
2019-S5469A - Summary
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.
2019-S5469A - Sponsor Memo
BILL NUMBER: S5469A SPONSOR: BIAGGI TITLE OF BILL: An act to amend the general obligations law, in relation to independent consideration required for certain provisions in settlement agreements and violations of nondisclosure agreements in certain settlement agreements PURPOSE OR GENERAL IDEA OF BILL: To require independent consideration for settlement agreements and prohibit liquidated damages provisions in confidential settlements of harassment and discrimination claims. SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new section, 5-1117, to the general obligations law to require independent consideration for each confidentiality provision included in a settlement agreement. Section 2 amends section 5-336 of the general obligations law to prohib-
2019-S5469A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5469--A 2019-2020 Regular Sessions I N S E N A T E May 1, 2019 ___________ Introduced by Sens. BIAGGI, CARLUCCI, HOYLMAN, KRUEGER, LIU, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general obligations law, in relation to independent consideration required for certain provisions in settlement agreements and 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: Section 1. The general obligations law is amended by adding a new section 5-1117 to read as follows: § 5-1117. INDEPENDENT CONSIDERATION REQUIRED FOR SETTLEMENT AGREE- MENTS. INDEPENDENT CONSIDERATION SHALL BE REQUIRED FOR EACH CONFIDEN- TIALITY PROVISION INCLUDED IN A SETTLEMENT AGREEMENT. FOR THE PURPOSES OF THIS SECTION, "INDEPENDENT CONSIDERATION" SHALL MEAN SOMETHING OF VALUE, EITHER A PROMISE, AN ACT OR AN OBJECT THAT IS OFFERED IN EXCHANGE FOR EACH CONFIDENTIALITY PROVISION. § 2. Section 5-336 of the general obligations law, as added by section 1 of subpart D of part KK of chapter 57 of the laws of 2018, is amended to read as follows: § 5-336. Nondisclosure agreements. (A) Notwithstanding any other law to the contrary, no employer, its officers or employees shall have the authority to include or agree to include in any settlement, agreement or other resolution of any claim, the factual foundation for which involves sexual harassment, any term or condition that would prevent the disclo- sure of the underlying facts and circumstances to the claim or action unless the condition of confidentiality is the complainant's preference. Any such term or condition must be provided to all parties, and the complainant shall have twenty-one days to consider such term or condi- tion. If after twenty-one days such term or condition is the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(D) Senate District
(D) Senate District
(D) 26th Senate District
(D, WF) 47th Senate District
2019-S5469B (ACTIVE) - Details
2019-S5469B (ACTIVE) - Summary
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.
2019-S5469B (ACTIVE) - Sponsor Memo
BILL NUMBER: S5469B SPONSOR: BIAGGI TITLE OF BILL: An act to amend the general obligations law, in relation to violations of nondisclosure agreements in certain settlement agreements PURPOSE OR GENERAL IDEA OF BILL: To prohibit liquidated damages provisions in confidential settlements of harassment and discrimination claims. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 5-336 of the general obligations law to prohib- it any settlement or other resolution of a claim involving sexual harassment or any other form of unlawful discrimination from including any term or condition that requires the complainant, to pay the defend- ant liquidated damages in the event that the plaintiff violates a non- disclosure agreement.
2019-S5469B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5469--B 2019-2020 Regular Sessions I N S E N A T E May 1, 2019 ___________ Introduced by Sens. BIAGGI, CARLUCCI, GAUGHRAN, GOUNARDES, HOYLMAN, KRUEGER, LIU, MAYER, RIVERA, SALAZAR, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. Section 5-336 of the general obligations law, as amended by chapter 160 of the laws of 2019, is amended to read as follows: § 5-336. Nondisclosure agreements. 1. (a) Notwithstanding any other law to the contrary, no employer, its officers or employees shall have the authority to include or agree to include in any settlement, agree- ment or other resolution of any claim, the factual foundation for which involves discrimination, HARASSMENT, OR RETALIATION, in violation of laws prohibiting discrimination, INCLUDING DISCRIMINATORY HARASSMENT OR RETALIATION, including but not limited to, article fifteen of the execu- tive law, any term or condition that would prevent the disclosure of the underlying facts and circumstances to the claim or action unless the condition of confidentiality is the complainant's preference. (b) Any such term or condition must be provided in writing to all parties in plain English, and, if applicable, the primary language of the complainant, and the complainant shall have UP TO twenty-one days to consider such term or condition. If [after twenty-one days such term or condition] CONFIDENTIALITY is the complainant's preference, such prefer- ence shall be memorialized in an agreement signed by all parties. For a period of at least seven days following the execution of such agreement, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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