{"id":2269,"date":"2024-07-09T12:20:06","date_gmt":"2024-07-09T16:20:06","guid":{"rendered":"https:\/\/talkcounsel.com\/blog\/?p=2269"},"modified":"2024-07-09T12:20:06","modified_gmt":"2024-07-09T16:20:06","slug":"new-yorks-anti-gag-clause-law-what-business-owners-and-employees-need-to-know","status":"publish","type":"post","link":"https:\/\/talkcounsel.com\/blog\/new-yorks-anti-gag-clause-law-what-business-owners-and-employees-need-to-know\/","title":{"rendered":"New York’s Anti-Gag Clause Law: What Business Owners and Employees Need to Know"},"content":{"rendered":"\n

New York State has taken a strong stance against non-disclosure agreements<\/a> (NDAs) that silence employees who have experienced discrimination<\/a>, harassment, or retaliation in the workplace. This article will discuss the key aspects of New York’s anti-gag clause law, why it’s important, and what it means for employers and employees.<\/p>\n\n\n\n

What is an Anti-Gag Clause?<\/strong><\/p>\n\n\n\n

An anti-gag clause is a provision in a contract or agreement that restricts an employee’s ability to speak out about their workplace experiences, particularly concerning discrimination, harassment, or retaliation. These clauses are often found in NDAs, severance agreements, or employment contracts.<\/p>\n\n\n\n

<\/p>\n\n\n\n

Recommendation:<\/strong> A Bitter Pill to Swallow: When a \u2018Bad\u2019 Job Isn\u2019t \u2018Bad\u2019 Enough<\/a><\/p>\n\n\n\n

<\/p>\n\n\n\n

New York’s Law<\/strong><\/p>\n\n\n\n

Effective January 1, 2020, New York General Obligations Law \u00a7 5-336(2) makes any provision in a contract or agreement that prevents the disclosure of factual information related to a future claim of discrimination, harassment, or retaliation void and unenforceable.<\/p>\n\n\n\n

Key Exceptions<\/strong><\/p>\n\n\n\n

The law does allow for certain exceptions. A provision may be enforceable if it explicitly notifies the employee that they are still permitted to speak with:<\/p>\n\n\n\n