Key Takeaways:
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New York codifies employee intellectual property rights
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New York prohibits liquidated damages provisions in certain non-disclosure agreements
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New York prohibits employers from requesting access to employees/applicants electronic personal accounts
New York Codifies Employee Intellectual Property Rights
Gov. Hochul signed S5640/A5295 enacting New York Labor Law Section 203-f, which renders any employment agreement unenforceable if it requires employees to assign the rights to inventions developed using the employee’s own property and time. The law does specify exemptions for intellectual property created with actual or demonstrably anticipated research of the employer, or from work performed by the employee in the course of their work for the employer.
The law became effective immediately when it was signed by Gov. Hochul in the Fall of 2023. It highlights the importance for employers to clearly delineate the scope of employee duties that are involved in developing products, services, or technologies that potentially have intellectual property value.
New York Prohibits Liquidated Damages Provisions in Certain Non-Disclosure Agreements
General Obligations Law Section 5-336 was enacted in 2018 with the intent of limiting an employer’s authority to include or agree to include in any settlement, agreement or other resolution of any claim, the factual foundation for which involves discrimination, any term or condition that would prevent the disclosure of...
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