A. A private employer shall not, as a term of employment, require an employee to sign a nondisclosure provision of a settlement agreement relating to a claim of sexual harassment, discrimination or retaliation in the workplace brought by the employee or prevent the employee from disclosing a claim of sexual harassment, discrimination or retaliation occurring in the workplace or at a work-related event coordinated by or through the employer.
B. This section does not prohibit a settlement agreement between an employee or former employee alleging sexual harassment, discrimination or retaliation from containing confidentiality provisions. A confidentiality provision is permitted when:
(1) it relates to the monetary amount of a settlement; or
(2) at the employee's request, it prohibits disclosure of facts that could lead to the identification of the employee.
C. At the sole request of the employee, a settlement agreement subject to this section may contain a confidentiality provision that prevents the disclosure of factual information related to the underlying sexual harassment, discrimination or retaliation claim. The provisions of this subsection shall not be construed to prevent disclosure of information that is the subject of the confidentiality provision if disclosure is required to be made in a judicial, administrative or other governmental proceeding pursuant to a valid subpoena or other applicable order as otherwise required by law.
D. Except as provided in Subsections B and C of this section, a confidentiality provision in a settlement agreement subject to this section is void and unenforceable as a matter of law.
History: Laws 2020, ch. 16, § 1.
Effective dates. — Laws 2020, ch. 16 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
Applicability. — Laws 2020, ch. 16, § 2 provided that the provisions of Laws 2020, ch. 16, § 1 apply to agreements entered into between a private employer and an employee or former employee on or after May 20, 2020.
Structure New Mexico Statutes
Article 4 - Labor Conditions; Payment of Wages
Section 50-4-2 - Semimonthly and monthly pay days.
Section 50-4-3 - Joint adventurers.
Section 50-4-4 - Discharges [Discharged] employees.
Section 50-4-5 - Employees quitting employment.
Section 50-4-6 - Industrial disputes.
Section 50-4-7 - Unconditional payment of wages conceded to be due.
Section 50-4-8 - Duties of the labor commissioner [director]
Section 50-4-9 - Records, subpoenas, etc.
Section 50-4-10 - Forfeiture and penalties.
Section 50-4-13 - [Hours of employment; eating establishments.]
Section 50-4-14 - [Emergency cases; hours permitted; rate for excessive hours.]
Section 50-4-15 - [Uniform time for beginning work; notice of change.]
Section 50-4-16 - [Time records; inspection.]
Section 50-4-17 - [Failure to keep record or comply with act; penalty.]
Section 50-4-18 - [Disposition of fines.]
Section 50-4-19 - Declaration of state public policy.
Section 50-4-20 - Short title.
Section 50-4-21 - Definitions.
Section 50-4-22 - Minimum wages.
Section 50-4-22.1 - Temporary state preemption; saving clause.
Section 50-4-23 - Persons with a disability; minimum wage; director powers and duties.
Section 50-4-24 - Employers exempt from overtime provisions for certain employees.
Section 50-4-25 - Posting of summary of the act.
Section 50-4-26 - Enforcement; penalties; employees' remedies.
Section 50-4-26.1 - Retaliation prohibited.
Section 50-4-28 - Right of collective bargaining.
Section 50-4-29 - Relation to other laws.
Section 50-4-30 - Daily maximum hours of employment; exceptions.
Section 50-4-31 - Minimum length of hoe handles.
Section 50-4-32 - Continuing course of conduct.
Section 50-4-33 - Family child care provider collective bargaining; representation.
Section 50-4-34 - Request for access to social networking account prohibited.
Section 50-4-35 - Labor relations; union security agreements.