New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A4521

Introduced
9/22/22  
Refer
9/22/22  
Report Pass
9/29/22  
Engrossed
10/3/22  

Caption

Prohibits certain non-disclosure and non-disparagement provisions in employment contracts.

Impact

The introduction of A4521 is expected to significantly impact state labor laws by reinforcing employee rights and fostering a more transparent workplace environment. By making non-disclosure clauses unenforceable, current and former employees will have greater freedom to share experiences regarding workplace grievances and seek justice without fear of retribution. This may lead to a cultural shift in how employers handle reports of discrimination or harassment, prompting them to prioritize compliance and employee welfare over silencing individuals.

Summary

Assembly Bill A4521 aims to amend current employment contract laws in New Jersey by prohibiting certain non-disclosure and non-disparagement clauses. Specifically, the bill declares any provision in an employment contract that waives rights related to discrimination, retaliation, or harassment claims as unenforceable. This includes attempts to silence employees from discussing their experiences related to such claims. The legislation reinforces protections under the state's Law Against Discrimination, ensuring employees cannot be pressured to remain silent about wrongdoing or adverse employment actions.

Sentiment

The sentiment surrounding A4521 appears to be largely positive among advocacy groups and employees who view the bill as a necessary step toward protecting workers' rights and combating workplace injustices. However, some employers may express concerns about the potential implications for their ability to manage employee relations and corporate reputations, suggesting a divide in perspectives on the bill's effects. Overall, the bill has garnered substantial support from those advocating for fair labor practices and enhanced protections for vulnerable workers.

Contention

Notable contention exists regarding the enforcement of non-disclosure provisions in the context of workplace disputes. While proponents of A4521 argue that it is a vital move for transparency and accountability, opponents assert that it may hinder employers' ability to maintain confidentiality in legitimate business practices. The bill will also have implications for future collective bargaining agreements, particularly regarding the extent of employee protections in negotiated contracts. This aspect of the bill is crucial as it outlines the ongoing balance between individual employee rights and collective workplace agreements.

Companion Bills

NJ S2930

Same As Prohibits certain non-disclosure and non-disparagement provisions in employment contracts.

Similar Bills

NJ S2930

Prohibits certain non-disclosure and non-disparagement provisions in employment contracts.

NJ S1688

Prohibits certain non-disclosure and non-disparagement provisions in employment contracts.

NJ A1928

Prohibits certain non-disclosure and non-disparagement provisions in employment contracts.

UT HB0055

Employment Confidentiality Amendments

TX HB5425

Relating to prohibiting certain nondisclosure or non-disparagement agreements by employers; creating a civil cause of action.

HI SB1584

Relating To Transparency.

HI SB1584

Relating To Transparency.

NM SB324

Prohibit Certain Employment Agreements