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2019 SESSION

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SB 1423 Confidentiality, nondisparagement, or nondisclosure provisions; communication with law-enforcement.

Introduced by: Janet D. Howell | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Confidentiality, nondisparagement, or nondisclosure provisions; communication with law-enforcement agencies. Prohibits the use of provisions in contracts, written agreements, or settlement agreements resolving litigation pertaining to the employment of an employee in the Commonwealth, whether labeled as confidentiality, nondisparagement, or nondisclosure provisions, that restrict or deter consumers or employees from communicating or cooperating with a federal, state, or local law-enforcement agency. The bill declares such provisions void and unenforceable as contrary to public policy. A violation with regard to a consumer contract or written agreement is a prohibited practice under the Virginia Consumer Protection Act. A violation by an employer with regard to an employment contract or employment settlement agreement is punishable by the Commissioner of Labor and Industry by a civil penalty up to $12,471, as adjusted by the percentage increase, if any, in the United States Average Consumer Price Index for all Urban Consumers, as published by the Bureau of Labor Statistics of the United States Department of Labor, from its monthly average for the previous calendar year.


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