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Bill

HB 126

PROHIBIT NONDISCLOSURE & NONDISPARAGEMENT

2026 Regular Session Introduced by Day Hochman-Vigil and 1 co-sponsor

New Mexico bill would ban employers from requiring nondisclosure and nondisparagement agreements as employment conditions, enabling workers to discuss wages and workplace issues.

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Bill Summary · HB 126

Legislative bill overview

HB 126 would prohibit employers from requiring employees to sign nondisclosure agreements (NDAs) and nondisparagement clauses as conditions of employment or continued employment in New Mexico. The bill aims to restrict these contractual provisions that prevent workers from discussing wages, working conditions, legal claims, or speaking negatively about their employers.

Why this is important

These restrictions directly affect workers' ability to organize, advocate for better conditions, and pursue legal remedies. Such provisions can silence workers about harassment, discrimination, safety violations, and wage theft. The bill addresses a real tension between employer interests in protecting business information and worker interests in discussing their employment experiences and rights.

Potential points of contention

  • Business competitiveness concerns: Employers may argue that unrestricted employee speech about trade secrets, business strategies, or confidential processes could harm competitiveness and innovation
  • Scope ambiguity: The bill's language on what constitutes prohibited nondisclosure/nondisparagement clauses may be unclear—does it ban all such provisions or only those tied to employment conditions?
  • Existing legal protections: Some argue that federal labor law (NLRA) and other statutes already protect workers' rights to discuss wages and organizing, making additional state legislation redundant or conflicting

Compiled from official sources — confirm details with the bill’s official record.

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