Bill > S05404

This bill amends the General Obligations Law to strengthen protections for employees by prohibiting employers from including provisions in settlements, agreements, or other resolutions that prevent employees from disclosing their workplace experiences, specifically in cases involving alleged violations of labor law or executive law. The bill expands definitions of "employer" and "employee" to be comprehensive, covering public and private sector workers, including applicants, former employees, interns, volunteers, and independent contractors. Key provisions include: making any agreement that restricts an employee's ability to discuss workplace experiences unenforceable; allowing employees to speak with law enforcement, regulatory agencies, and attorneys about workplace issues; permitting agreements that protect trade secrets and confidential information unrelated to legal violations; and requiring settlement agreements to inform employees of their right to receive a copy in their primary language. The bill also removes provisions that would penalize employees for violating confidentiality clauses, such as requiring liquidated damages or forfeiting settlement consideration. The legislation will take effect 60 days after becoming law and will apply to all contracts entered into, renewed, modified, or amended after that date, with the implementation year updated to 2026.

Justice

https://www.nysenate.gov/legislation/bills/2025/S5404