According to the manual, “a worker cannot decide whether to reach an agreement until he or she has received an independent consultation. Therefore, the employer should bear the worker`s costs, even if, after receiving the advice, the worker ultimately considers the conditions unacceptable and reasonably decides not to sign the agreement. This does not reflect current practice, with most employers expressly confirming that no royalty is due unless the agreement is reached. Since worker non-disclosure obligations may only be included in transaction agreements in California or New York if they are repeated “at the request of the applicant” or “of the applicant`s preference,” employers in those states may be required to reassess their negotiating approach to workers complaining about the mutual willingness to confidentiality obligations in the transaction agreements. In many cases, staff are accessible to privacy rules for data protection or other reasons. In cases where the parties agree with confidentiality, New York employers should consider presenting and executing a separate confidentiality obligation of the worker before negotiating and executing the overall transaction agreement. In cases where the implementation of a separate agreement is not feasible, employers should check whether the FAQ directive is effectively compatible with New York law, which contains no separate obligation of agreement. If the parties agree that a separate agreement is not appropriate, the parties to an agreement in New York should consider a simple confirmation in the transaction agreement that confidentiality is the employee`s preference, that the employee had 21 days to verify confidentiality, and that the employee had 7 days to revoke it. In response to the #MeToo movement, a number of government legislators and Congress passed legislation to allay their fears about gender inequalities in the workplace1. Critics of the privacy rules argue that employers who have supported such provisions could unwittingly promote a culture of silence around sexual harassment and gender discrimination in the workplace, thereby allowing perpetrators of harassment and discrimination to escape liability.