Bill > S2531

Introduced Session

This bill bars provisions in employment contracts that waive certain rights or remedies. Specifically, the bill clarifies that the current law on non-disclosure provisions also prohibits certain non-disparagement provisions in employment contracts. The bill also removes a provision of current law that provides that the prohibition on non-disclosure agreements does not apply to the terms of any collective bargaining agreement between an employer and the collective bargaining representative of the employees. The bill provides that a collective bargaining agreement may contain provisions requiring mediation or arbitration of a claim of discrimination, retaliation, or harassment, but only if they are in compliance with section 2 of P.L.2019, c.39 (C.10:5-12.8), which prohibits any employment contract or settlement which has the purpose of concealing details related to such a claim. The bill codifies the New Jersey Supreme Court decision in Savage v. Twp. of Neptune, 257 N.J. 204 (2024), in which the Court held that a non-disparagement clause relating to claims of discrimination, retaliation, or harassment in an employment agreement is against public policy and cannot be enforced.

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Declan O'Scanlon (R)*,  Andrew Zwicker (D)*, 

Introduced in the Senate, Referred to Senate Labor Committee (on 01/13/2026)

Official Document