HB3638 - 104th General Assembly (2025-2026)
WORK TRANSPARENCY-CONFIDENTIAL
Last Action
8/15/2025 - House: Public Act . . . . . . . . . 104-0320
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Workplace Transparency Act. Provides that no contract, agreement, clause, covenant, waiver, or other document shall prohibit, prevent, or otherwise restrict an employee, prospective employee, or former employee from engaging in concerted activities to address work-related issues. Provides that any agreement, clause, covenant, or waiver that is a mutual condition of employment or continued employment may include provisions that would otherwise be against public policy if it acknowledges the right of the employee or prospective employee to engage in concerted activities to address work-related issues. Provides that an employee, prospective employee, or former employee and an employer may enter into a valid and enforceable settlement or termination agreement that includes promises of confidentiality related to alleged unlawful employment practices if the confidentiality provision expires no later than 5 years after the alleged unlawful employment practices occurred. Provides for the recovery of consequential damages incurred in challenging a contract for violation of the Act. Makes other changes.
House Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Changes references from "concerted activities" to "concerted activity". Provides that an employee or former employee and an employer may enter into a valid and enforceable settlement or termination agreement that prevents the employee or former employee from working or from applying to work for the employer in the future if the provision expires within 7 years (rather than if the provision expires 7 years after the settlement or termination agreement is executed). Makes other changes.
Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Provides that an employee, prospective employee, or former employee and an employer may enter into a valid and enforceable settlement or termination agreement that includes promises of confidentiality related to alleged unlawful employment practices if, in addition to other specified conditions, any promises of confidentiality by the employee, prospective employee, or former employee expire within 5 years from the date that the employee, prospective employee, or former employee disclosed the alleged unlawful employment practice that is the subject of confidentiality.
Senate Floor Amendment No. 2
Removes a provision concerning settlement or termination agreements related to alleged unlawful employment practices. Removes a requirement that settlement or termination agreements that prevent an employee or former employee from working or from applying to work for an employer in the future must expire within 7 years. Replaces references to "consequential damages" with references to "compensatory damages". Defines "concerted activity".
Actions
| Date | Chamber | Action |
|---|---|---|
| 2/07/2025 | House | Filed with the Clerk by Rep. Ann M. Williams |
| 2/18/2025 | House | First Reading |
| 2/18/2025 | House | Referred to Rules Committee |
| 3/11/2025 | House | Assigned to Labor & Commerce Committee |
| 3/14/2025 | House | House Committee Amendment No. 1 Filed with Clerk by Rep. Ann M. Williams |
| 3/14/2025 | House | House Committee Amendment No. 1 Referred to Rules Committee |
| 3/18/2025 | House | House Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee |
| 3/19/2025 | House | House Committee Amendment No. 1 Adopted in Labor & Commerce Committee; by Voice Vote |
| 3/19/2025 | House | Do Pass as Amended / Short Debate Labor & Commerce Committee; 019-008-000 |
| 3/20/2025 | House | Placed on Calendar 2nd Reading - Short Debate |
| 3/26/2025 | House | Second Reading - Short Debate |
| 3/26/2025 | House | Held on Calendar Order of Second Reading - Short Debate |
| 4/08/2025 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 4/08/2025 | House | Third Reading - Short Debate - Passed 077-037-000 |
| 4/09/2025 | Senate | Arrive in Senate |
| 4/09/2025 | Senate | Placed on Calendar Order of First Reading April 10, 2025 |
| 4/10/2025 | Senate | Chief Senate Sponsor Sen. Laura Fine |
| 4/10/2025 | Senate | First Reading |
| 4/10/2025 | Senate | Referred to Assignments |
| 4/29/2025 | Senate | Assigned to Labor |
| 5/09/2025 | Senate | Rule 2-10 Committee Deadline Established As May 23, 2025 |
| 5/12/2025 | Senate | Senate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Fine |
| 5/12/2025 | Senate | Senate Committee Amendment No. 1 Referred to Assignments |
| 5/13/2025 | Senate | Senate Committee Amendment No. 1 Assignments Refers to Labor |
| 5/13/2025 | Senate | Senate Committee Amendment No. 1 Adopted |
| 5/14/2025 | Senate | Do Pass as Amended Labor; 010-005-000 |
| 5/14/2025 | Senate | Placed on Calendar Order of 2nd Reading May 15, 2025 |
| 5/14/2025 | Senate | Added as Alternate Co-Sponsor Sen. Javier L. Cervantes |
| 5/15/2025 | Senate | Second Reading |
| 5/15/2025 | Senate | Placed on Calendar Order of 3rd Reading May 20, 2025 |
| 5/22/2025 | Senate | Senate Floor Amendment No. 2 Filed with Secretary by Sen. Laura Fine |
| 5/22/2025 | Senate | Senate Floor Amendment No. 2 Referred to Assignments |
| 5/23/2025 | Senate | Rule 2-10 Third Reading/Passage Deadline Established As June 1, 2025 |
| 5/27/2025 | Senate | Senate Floor Amendment No. 2 Assignments Refers to Labor |
| 5/27/2025 | Senate | Added as Alternate Co-Sponsor Sen. Linda Holmes |
| 5/27/2025 | Senate | Senate Floor Amendment No. 2 Recommend Do Adopt Labor; 018-000-000 |
| 5/29/2025 | Senate | Added as Alternate Chief Co-Sponsor Sen. Cristina Castro |
| 5/30/2025 | Senate | Recalled to Second Reading |
| 5/30/2025 | Senate | Senate Floor Amendment No. 2 Adopted; Fine |
| 5/30/2025 | Senate | Placed on Calendar Order of 3rd Reading |
| 5/30/2025 | Senate | Third Reading - Passed; 052-002-000 |
| 5/30/2025 | House | Arrived in House |
| 5/30/2025 | House | Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2 |
| 5/30/2025 | House | Senate Committee Amendment No. 1 Motion Filed Concur Rep. Ann M. Williams |
| 5/30/2025 | House | Senate Floor Amendment No. 2 Motion Filed Concur Rep. Ann M. Williams |
| 5/30/2025 | House | Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee |
| 5/30/2025 | House | Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee |
| 5/31/2025 | House | Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Labor & Commerce Committee |
| 5/31/2025 | House | Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Labor & Commerce Committee |
| 5/31/2025 | House | Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 019-010-000 |
| 5/31/2025 | House | Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 019-010-000 |
| 5/31/2025 | House | Added Co-Sponsor Rep. Yolonda Morris |
| 5/31/2025 | House | Added Co-Sponsor Rep. Sharon Chung |
| 5/31/2025 | House | Senate Committee Amendment No. 1 House Concurs 093-022-000 |
| 5/31/2025 | House | Senate Floor Amendment No. 2 House Concurs 093-022-000 |
| 5/31/2025 | House | House Concurs |
| 5/31/2025 | House | Passed Both Houses |
| 5/31/2025 | Senate | Added as Alternate Co-Sponsor Sen. Mary Edly-Allen |
| 6/04/2025 | Senate | Added as Alternate Co-Sponsor Sen. Meg Loughran Cappel |
| 6/24/2025 | House | Sent to the Governor |
| 8/15/2025 | House | Governor Approved |
| 8/15/2025 | House | Effective Date January 1, 2026 |
| 8/15/2025 | House | Public Act . . . . . . . . . 104-0320 |