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A01115 Summary:

BILL NOA01115A
 
SAME ASSAME AS S02035-A
 
SPONSORSimotas (MS)
 
COSPNSRNolan, Galef, Paulin, Lupardo, Jaffee, Rosenthal L, Fahy, Solages, Davila, Joyner, Seawright, Simon, Woerner, Hunter, Hyndman, Richardson, De La Rosa, Dickens, Niou, Pheffer Amato, Wallace, Wright, Buttenschon, Cruz, Fernandez, Frontus, Griffin, McMahon, Darling, Reyes, Ortiz, Dinowitz, Epstein, Stirpe, Mosley, Gottfried, Abinanti, D'Urso, Quart, Lentol, Miller MG, Ra, Thiele, Braunstein, Cymbrowitz, Zebrowski, Magnarelli, Crespo, Buchwald, Cahill, Romeo, Barrett, Bichotte, Walker, Gunther, Arroyo, Lifton, Cook, Titus, Rozic, Jean-Pierre, Williams, Jacobson, Glick, Walsh
 
MLTSPNSRDenDekker
 
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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A01115 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1115A
 
SPONSOR: Simotas (MS)
  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 employees that non-disclosure or non- disparagement provisions in their employment contracts do not prohibit them from speaking with law enforcement, the equal employment opportu- nity commission the division of human rights, a local human rights commission, or an attorney retained by the employee.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 21 of the labor law by adding a new subdivision 15 to require employers to inform employees signing non-disclosure agreements 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 their attorney. 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 misunderstanding s about the rights of employees to report workplace misconduct. Many work- ers 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 non-disclosure agreements will ensure all work- ers are aware of their legal rights and can freely report unlawful acts without fear of retaliation. This legislation will establish an impor- tant safeguard against the misuse of non-disclosure agreements as a tool to silence whistleblowers.   PRIOR LEGISLATIVE HISTORY: 2017-2018: A11301-A   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: The ninetieth day after it shall have become law.
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A01115 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1115--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  SIMOTAS,  ORTIZ,  DINOWITZ, EPSTEIN, STIRPE,
          MOSLEY,  GOTTFRIED,  ABINANTI,   D'URSO,   WALLACE,   QUART,   PAULIN,
          SEAWRIGHT,  LENTOL,  CRUZ,  M. G. MILLER,  RA, THIELE, LUPARDO, BRAUN-
          STEIN, GALEF, CYMBROWITZ,  SIMON,  ZEBROWSKI,  FERNANDEZ,  MAGNARELLI,
          WRIGHT,  CRESPO,  NIOU,  BUCHWALD  --  Multi-Sponsored  by -- M. of A.
          DenDEKKER -- read once and referred  to  the  Committee  on  Labor  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        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.
                                                                   LBD01540-02-9
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