Changeflow GovPing Government & Legislation Bill S496: Employers Inform Employees About Emp...
Priority review Rule Added Draft

Bill S496: Employers Inform Employees About Employment Contract Provisions

Favicon for www.nysenate.gov NY Senate Legislation
Detected March 28th, 2026
Email

Summary

New York State Senate Bill S496 requires employers to inform employees that non-disclosure or non-disparagement provisions in employment contracts do not prohibit communication with law enforcement, the EEOC, the state division of human rights, or an attorney. The bill aims to clarify employee rights regarding reporting and legal counsel.

What changed

New York State Senate Bill S496, introduced for the 2025-2026 legislative session, mandates that employers must explicitly inform their employees that certain clauses within employment contracts, specifically non-disclosure and non-disparagement provisions, do not restrict their ability to communicate with law enforcement agencies, the Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights, local human rights commissions, or an attorney of their choosing.

This legislation, if passed, will impose a new informational obligation on employers in New York. Compliance officers should review existing employment contracts and develop a communication strategy to ensure employees are adequately informed of these rights. Failure to comply could lead to potential disputes or challenges to contract provisions, though specific penalties are not detailed in the provided summary. The bill is currently in the 'Active' status and has passed the Senate, indicating it is moving through the legislative process.

What to do next

  1. Review employment contracts for non-disclosure/non-disparagement clauses.
  2. Develop a communication plan to inform employees of their rights to speak with law enforcement, EEOC, human rights divisions, or legal counsel, notwithstanding contract provisions.
  3. Consult legal counsel regarding specific notification language and methods.

Source document (simplified)

Do you support this bill?

Aye Nay

Get Status Alerts for 2025-S496

Email Address subscribe

Senate

      Bill
      S496

2025-2026 Legislative Session Relates to the commissioner's duty to ensure employers inform employees about certain provisions in employment contracts

download bill text pdf

Share this bill

Sponsored By

Nathalia Fernandez

(D) 34th Senate District

Current

        Bill Status
          Via
    A618
        - Passed Senate

Please enter your contact information

First Name Last Name Email Address A valid email address is required. Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you. Optional services from the NY State Senate:

Send me alerts for this bill. I can unsubscribe at any time. Learn more. Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation. Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions


Votes

  • View Votes

co-Sponsors

Robert Jackson

(D, WF) 31st Senate District

Lea Webb

(D, WF) 52nd Senate District

2025-S496

       (ACTIVE)
      - Details

See Assembly Version of this Bill: A618 Law Section: Labor Law Laws Affected: Amd §21, Lab L Versions Introduced in Other Legislative Sessions: 2017-2018: A11301
2019-2020: S2035, A1115
2021-2022: S457
2023-2024: S4361, A6756

2025-S496

           (ACTIVE)
          - Summary

Requires employers to inform their employees that non-disclosure or non-disparagement provisions in their employment contracts do not prohibit them from speaking with law enforcement, the equal employment opportunity commission, the state division of human rights, a local commission on human rights, or an attorney retained by the employee.

2025-S496

         (ACTIVE)
        - Sponsor Memo

BILL NUMBER: S496

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the labor law, in relation to the commissioner's duty to
ensure employers inform employees about certain provisions in employment
contracts

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that employers inform workers that non-disclosure or non-dis-
paragement provisions in their employment contracts cannot prevent them
from speaking with law enforcement, the equal employment opportunity
commission, the division of human rights, a local human rights commis-
sion, or an attorney retained by the employee.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 21 of the labor law by adding a new subdivision
16 to require employers to inform employees signing non-disclosure
agreements that they retain the right to report to law enforcement, the
- View More
(40
Lines)

2025-S496

       (ACTIVE)
      - Bill Text [download pdf](https://legislation.nysenate.gov/pdf/bills/2025/s496)

S T A T E O F N E W Y O R K


                                496

                    2025-2026 Regular Sessions

                         I N  S E N A T E

                            (PREFILED)

                          January 8, 2025
                            ___________

Introduced by Sens. FERNANDEZ, JACKSON -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to the commissioner's duty to
ensure employers inform employees about certain provisions in employ-
ment contracts

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

Section 1. Section 21 of the labor law is amended by adding a new
subdivision 17 to read as follows:
17. SHALL REQUIRE EMPLOYERS TO INFORM THEIR EMPLOYEES THAT NON-DISCLO-
SURE OR NON-DISPARAGEMENT PROVISIONS IN THEIR EMPLOYMENT CONTRACTS DO
NOT PROHIBIT THEM FROM SPEAKING WITH LAW ENFORCEMENT, THE EQUAL EMPLOY-
MENT OPPORTUNITY COMMISSION, THE STATE DIVISION OF HUMAN RIGHTS, A LOCAL
COMMISSION ON HUMAN RIGHTS, OR AN ATTORNEY RETAINED BY THE EMPLOYEE.
§ 2. This act shall take effect immediately.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00246-01-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.


Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Named provisions

Summary Sponsor Memo

Source

Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
NY Senate
Instrument
Rule
Legal weight
Non-binding
Stage
Draft
Change scope
Substantive
Document ID
S496

Who this affects

Applies to
Employers
Industry sector
9211 Government & Public Administration
Activity scope
Employment Contract Management Employee Communications
Geographic scope
New York US-NY

Taxonomy

Primary area
Employment & Labor
Operational domain
Compliance
Topics
Consumer Protection Contract Law

Get Government & Legislation alerts

Weekly digest. AI-summarized, no noise.

Free. Unsubscribe anytime.

Get alerts for this source

We'll email you when NY Senate Legislation publishes new changes.

Optional. Personalizes your daily digest.

Free. Unsubscribe anytime.