In particular, the law does not prohibit the confidentiality of the amount of the transaction or the NDA itself. In addition, from 1 January 2020, NDAs will be required to indicate that employees are not prohibited from “talking to law enforcement agencies, the Equality Employment Opportunity Commission, the government division of human rights, a local human rights commission or a lawyer retained by the employee or potential employee.” While the law has so far only covered confidentiality agreements (“NDAs”) on the right to sexual harassment, the law will extend this protection to any right to discrimination effective October 11, 2019. This greatly expands the range of potential complainants of workers who are now protected by status. In particular, the definition of “discrimination” is not limited to unlawful discrimination under the New York Human Rights Act. Second, make sure the “cause” is broad in the agreement. This can protect you from a right to dismissal for no reason. As you may recall, last year, the New York legislature passed a law prohibiting employers from requiring confidentiality claims for undisclosed harassment in confidentiality agreements (NOAs) unless the employee requires confidentiality. From next week, this prohibition will be strengthened to include all rights to discrimination, harassment and/or retaliation in “any regulation, agreement or other solution of a claim whose de facto basis implies discrimination … which would prevent disclosure of the underlying facts and circumstances … unless the confidentiality condition is the complainant`s preference. If the employee requires confidentiality, the agreement may contain this provision.
Step 3 – If the agreement is one-sided, i.e. there is only one owner of the information, activate the corresponding box in section 2 (2). If the agreement is reciprocal and neither party has full ownership, select the second field. Then the relationship between the parties must be established. You could also get hurt in a future trial if you propose an overly specific definition of what is a trade secret in your NDA. You are best served by using current government laws to define what a business secret is, because it could cover more information than your definition does if you are brought to justice. Non-compete clause – A non-compete agreement prevents the recipient of the form from using the trade secrets of a commercial entity to compete with the entity. As noted above, New York passed a law on March 30, 2019 prohibiting New York employers from requiring disclosure of the facts and underlying circumstances of an allegation of sexual harassment unless confidentiality is the complainant`s preference.