Sb-820 Settlement Agreements Confidentiality

Conversely, at the request of the worker who has asserted the right, the settlement agreement must contain provisions prohibiting the disclosure of the worker`s identity and any fact likely to result in the disclosure of his identity. However, the protection of the employee`s identity is not permitted when part of the transaction agreement is a government agency or public servant. The new law, known as the Stand Together Against Non Disclosures Act, targets „secret colonies“ in cases of sexual harassment. Also inspired by the #MeToo movement, the law was passed in response to high-level cases like producer Harvey Weinstein, who was charged with rape and other offenses in May 2018, after a wave of more than 80 women brought charges against him for sexual abuse. The allegations against Weinstein called into question reports that he may have secretly settled previous claims, which drove the public and law enforcement away. 3. Section 1670.11 of the Civil Code invalidates and does not apply any provision of a contract or settlement agreement entered into on or after January 1, 2019, if it waives a party`s right to testify in administrative, legislative or judicial proceedings on allegations of criminal conduct or alleged sexual harassment. The law follows exactly a similar law passed in California last year, Senate Bill 820, which does not respect certain confidentiality rules in sexual harassment agreements.