National Employment Lawyers Association/New York - Event Information


Event Name:NELA Nite: Non-Disclosure Agreements – What’s Happening in California and New Jersey?
Description:NELA Nite: Non-Disclosure Agreements – What’s Happening in California and New Jersey?
December 9, 2021 6:00 - 7:30 PM EST- 1.5 Practical Skills Credit
Zoom Webinar


This NELA Nite will be the first of two NELA Nite sessions on the topic of NDAs. The NELA/NY Legislative Committee wants to hear from our members about whether NELA/NY should seek change to New York’s law governing NDAs. We are scheduling two sessions — one educational, and the other as a discussion — so that, when we have the discussion, we will all be somewhat more informed as to how NDAs have worked in other states.

After the second session, the Legislation Committee will examine the issue in more depth and then, in accordance with NELA/NY practice, make a recommendation to the Executive Board. It is the Executive Board that finally, by vote after its own discussion, determines whether the Legislation Committee formulates legislation and aims to get it passed by the NYS Legislature and enacted by the Governor.
 
In this first session on December 9, 2021, we will hear the experiences of lawyers in California and New Jersey, whose states have recently passed laws restricting the enforcement of NDAs. We will learn what can and cannot be enforced under the new laws and how the laws have affected the settlement of employment discrimination claims. They will also discuss strategies for protecting employee confidentiality under the new laws.

The second session (date TBD) will be a (non-CLE) discussion  using a Town Meeting format, for NELA/NY members about whether should support amendment of our existing state law that governs NDAs, General Obligations Law '5-336. Section 5-336, was passed in 2018 concerning sexual harassment only; it was amended in 2019 and currently applies to all claims of discrimination. Section 5-336makes an NDA impermissible unless the plaintiff clearly indicates that it is the plaintiff=s preference to keep the terms of any settlement agreement confidential. Many of our members are not happy with how this law is working. The Legislative Committee hopes that information about how NDA laws in California and New Jersey will enrich our understanding of what we can do in NY. Can Section 5-336 be amended so that people who want confidentiality can have confidentiality, but no employee is forced to accept confidentiality to settle for financial reasons?
 
We urge you to attend both sessions because we believe it will lead to a more informed and robust discussion of this important issue that we repeatedly face in our practices. 
 
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Mariko Yoshihara is Legislative Counsel & Policy Director with the California Employment Lawyers Association (CELA). Mariko led CELA=s successful efforts to pass the Stand Against Non‑Disclosures (STAND) Act bill in 2018 and the Silenced No More bill in 2021.
 
Jon Green is a partner at New Jersey-based Green Savits LLC, who litigates all aspects of employment law.

 
Event Date:12/9/2021
Event Time:6:00 PM - 7:30 PM Eastern
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12/9/2021
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