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Nathalia Fernandez

Sponsor · State Senator, District 34 · Democratic

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Senate bill · S496 (2025-26)

Relates to the commissioner's duty to ensure employers inform employees about certain provisions in employment contracts

PassedLatest action Feb 4, 2026

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.

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Where it stands

Passed the legislature and is awaiting a signature.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

New York State Senate

Same as A618, the matching bill in the Assembly.

Passed as A618, the matching Assembly bill.

Amends the Labor Law.

Committee

Labor · New York State Assembly

Also referred to Labor · New York State Senate.

Purpose, from the sponsor's memo

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.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

  • Vote: Floor vote

    NY SenateFeb 4, 2026Result: passedSenate vote on A618, the matching Assembly bill.

    (62) (0) (0) (1)

  • Vote: Committee vote · Labor

    Senate LaborJan 21, 2026Result: passed

    (12) (0) (0) (0)

  • Vote: Floor vote

    NY SenateMar 11, 2025Result: passed

    (61) (0) (0) (2)

  • Vote: Committee vote · Labor

    Senate LaborFeb 4, 2025Result: passed

    (13) (0) (0) (0)

Cosponsors

Dana Levenberg, Jen Lunsford and 8 more on Agora

  • Democratic10
See the full list on nysenate.gov (opens in a new tab)

The sponsor's argument

Why Nathalia Fernandez says this is needed

As the use of non-disclosure agreements in employment contracts has become more widespread, there have been frequent misunderstandings about the rights of employees to report workplace misconduct. Many workers are victims or witnesses to sexual harassment believe that if they report to the police or cooperate with an investigation they could be sued for violating their nondisclosure agreements. Requiring employers to clarify the limits on nondisclosure agreements will ensure all workers are aware of their legal rights and can freely report unlawful acts without fear of retaliation. This legislation will establish an important safe-guard against the misuse of nondisclosure agreements as a tool to silence whistleblowers.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. Feb 4, 2026

    3RD Reading CAL.130

    3RD READING CAL.130

    NY Senate

  2. Feb 4, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  3. Feb 4, 2026

    Substituted

    SUBSTITUTED BY A618

    NY Senate

  4. Jan 28, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  5. Jan 27, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

Show full history (17 earlier events)
  1. Jan 27, 2026

    Sent to the executive

    DELIVERED TO SENATE

    NY Assembly

  2. Jan 27, 2026

    Passed a chamber

    PASSED ASSEMBLY

    NY Assembly

  3. Jan 27, 2026

    Referred to committee

    REFERRED TO LABOR

    NY Senate

  4. Jan 22, 2026

    Advanced to Third Reading CAL.227

    ADVANCED TO THIRD READING CAL.227

    NY Assembly

  5. Jan 21, 2026

    1ST Report CAL.130

    1ST REPORT CAL.130

    NY Senate

  6. Jan 21, 2026

    Reported out of committee

    REPORTED

    NY Assembly

  7. Jan 7, 2026

    Died in Assembly

    DIED IN ASSEMBLY

    NY Assembly

  8. Jan 7, 2026

    Referred to committee

    REFERRED TO LABOR

    NY Senate

  9. Jan 7, 2026

    Referred to committee

    REFERRED TO LABOR

    NY Assembly

  10. Mar 11, 2025

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  11. Mar 11, 2025

    Passed a chamber

    PASSED SENATE

    NY Senate

  12. Mar 11, 2025

    Referred to committee

    REFERRED TO LABOR

    NY Assembly

  13. Feb 10, 2025

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  14. Feb 5, 2025

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  15. Feb 4, 2025

    1ST Report CAL.252

    1ST REPORT CAL.252

    NY Senate

  16. Jan 8, 2025

    Referred to committee

    REFERRED TO LABOR

    NY Assembly

  17. Jan 8, 2025

    Referred to committee

    REFERRED TO LABOR

    NY Senate

About this record

Summary

The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.

Cosponsors

The list shows the cosponsors who are on Agora, A to Z. The official record may list more.

Party colors

Parties are shown in the same neutral colors.

Source

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data

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