New York · NDA
New York NDA / Confidentiality Agreement
New York has progressively restricted NDAs and non-competes. The 2018 Non-Disclosure Act (N.Y. Gen. Oblig. Law § 5-336) made NDAs covering sexual harassment settlements unenforceable unless the victim chooses the NDA. New York's broader proposed non-compete legislation (2023) would ban most non-compete agreements, pending as of 2024. New York also restricts overly broad confidentiality clauses in employment agreements as a matter of public policy.
New York's 2018 law voids NDAs covering sexual harassment settlements, and New York proposed a near-total non-compete ban in 2023 that would make New York the second state after California to eliminate non-competes.
Governing law
N.Y. Gen. Oblig. Law § 5-336 (2018 NDA restrictions) + 2023 proposed non-compete ban
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Cites N.Y. Gen. Oblig. Law § 5-336 (2018 NDA restrictions) + 2023 proposed non-compete ban. Formatted for USPS Certified Mail. Instant PDF.
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New York NDA FAQs
What NDAs are currently void in New York?▾
Under N.Y. Gen. Oblig. Law § 5-336 (2018): NDAs that prevent disclosure of facts underlying a sexual harassment claim, unless the complainant voluntarily chooses confidentiality. Separately, courts have voided overly broad NDAs that impede competition or violate public policy.
What's the status of New York's proposed non-compete ban?▾
New York's legislature passed a near-total non-compete ban in 2023 (S3100A) that Governor Hochul declined to sign pending amendments. The proposal would void nearly all non-competes in New York. As of mid-2025, the law has not been enacted, but New York courts already scrutinize non-competes heavily.
Does my New York NDA cover disclosure of workplace misconduct?▾
If your NDA attempts to cover sexual harassment claims, the confidentiality clause is unenforceable unless you voluntarily chose it under N.Y. Gen. Oblig. Law § 5-336. For other workplace misconduct, New York public policy increasingly limits overly broad NDAs, consult an employment attorney for specifics.
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