Employee NDAs are generally legal in New York, but there are several limits and obligations employers should be aware of. The best practices below will make your non-disclosure agreement more immune from challenge in court.
The amendments expanded restrictions on the use of nondisclosure provisions (“NDAs”) in certain workplace settlement agreements. These amendments, which took effect on November 17, 2023, apply to all agreements entered into after that date.
New York Penal Law 250.00 and 250.05 codify eavesdropping. A person is guilty of eavesdropping when he or she illegally wiretaps, uses a machine to listen in on a conversation, or uses hacking or another accessing a computer communication to obtain access to digital messages.
This course fulfils the NYC Local Law 96 (2018) of the City of New York, which requires employers with fifteen or more employees in the City of New York to provide all new employees with sexual harassment prevention training within 90 days of hire and annually thereafter.
Completing the Confidentiality Agreement The "Receiving Party" is the person or company who receives the confidential information and is obligated to keep it secret. You'll need to fill in information specific to your circumstances in the spaces provided, such as the parties' names and addresses.
NY's Non-Compete Bill: What Employers Can Expect from a Newly Proposed Ban. A bill to ban employment non-competes for all but highly compensated individuals is being considered by the New York state legislature. Gov. Hochul vetoed a similar bill in 2023, and the latest proposal appears to respond to the veto memo.
On November 17, 2023, New York Governor Kathy Hochul signed into law Senate Bill S4516, which amends Section 5-336 of the New York General Obligations Law to further restrict the use of nondisclosure and nondisparagement provisions in release agreements involving claims of discrimination, harassment, or retaliation.
The amendments expanded restrictions on the use of nondisclosure provisions (“NDAs”) in certain workplace settlement agreements. These amendments, which took effect on November 17, 2023, apply to all agreements entered into after that date.
2. The Legitimate Business Interests Test. An employer cannot enforce a non-compete agreement against an employee unless it can demonstrate a legitimate interest that needs to be protected. In most cases, the only legitimate interest that justifies the enforcement of a non-compete clause is a trade secret.