New York S 5404: Relates to transportation accommodation for passengers with disabilities

Bill Text

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S05404 Summary:

BILL NOS05404 

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SAME ASNo Same As

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SPONSORGOUNARDES

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COSPNSRBAILEY, CLEARE, FERNANDEZ, HOYLMAN-SIGAL, JACKSON, KRUEGER, LIU, SALAZAR, SEPULVEDA, SKOUFIS

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MLTSPNSR

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Amd §5-336, Gen Ob L

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Prohibits provisions in any waiver, settlement, agreement or other resolution of any claim where the foundation for which is an alleged violation of the labor law or article fifteen of the executive law, that prevent the disclosure of the employee's workplace experience with the employer.

Go to top S05404 Actions:

BILL NOS05404 

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02/21/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS05404 Committee&nbspVotes:

Go to topS05404 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05404 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5404

 2025-2026 Regular Sessions

 IN SENATE

 February 21, 2025
 ___________

 Introduced by Sens. GOUNARDES, BAILEY, FERNANDEZ, HOYLMAN-SIGAL, JACK-
 SON, KRUEGER, LIU, SALAZAR, SEPULVEDA, SKOUFIS -- 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 nondisclo-
 sure and non-disparagement 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 658 of the laws of 2023, is amended to read as follows:
 3 § 5-336. Nondisclosure and non-disparagement agreements. 1. As used in
 4 this section, the following terms shall have the following meanings:
 5 (a) "Employer" shall mean all public and private employers within the
 6 state.
 7 (b) "Employee" shall mean all public and private employees, including
 8 applicants for employment, former employees, paid or unpaid interns,
 9 volunteers and natural persons employed as independent contractors to
 10 carry out work in furtherance of an employer's business enterprise who
 11 are not themselves employers.
 12 2. (a) Notwithstanding any other law to the contrary, no employer, its
 13 officers, agents or employees shall have the authority to include or
 14 agree to include in any waiver, settlement, agreement or other resol-
 15 ution of any claim, the factual foundation for which involves [discrimi-
 16 nation, harassment, or retaliation, in violation of laws prohibiting
 17 discrimination, including discriminatory harassment or retaliation,
 18 including but not limited to,] an alleged violation of the labor law or
 19 of article fifteen of the executive law, any term or condition that
 20 would prevent the disclosure of the [underlying facts and circumstances
 21 to the claim or action unless the condition of confidentiality is the
 22 complainant's preference] employee's workplace experience with the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07796-02-5

 S. 5404 2

 1 employer. Any such term or condition shall be deemed against public
 2 policy and unenforceable against an employee.
 3 (b) [Any such term or condition must be provided in writing to all
 4 parties in plain English, and, if applicable, the primary language of
 5 the complainant, and the complainant shall have up to twenty-one days to
 6 consider such term or condition. If confidentiality is the complainant's
 7 preference, such preference shall be memorialized in an agreement signed
 8 by all parties. For a period of at least seven days following the
 9 execution of such agreement, the complainant may revoke the agreement,
 10 and the agreement shall not become effective or be enforceable until
 11 such revocation period has expired.
 12 (c) Any such term or condition shall be void to the extent that it
 13 prohibits or otherwise restricts the complainant from: (i) initiating,
 14 testifying, assisting, complying with a subpoena from, or participating
 15 in any manner with an investigation conducted by the appropriate local,
 16 state, or federal agency; or (ii) filing or disclosing any facts neces-
 17 sary to receive unemployment insurance, Medicaid, or other public bene-
 18 fits to which the complainant is entitled.
 19 2.] The provisions of this s