A legislative change is coming to Alabama’s employment landscape. On February 19, 2026, Governor Kay Ivey signed Senate Bill 30 (SB 30), known as “Trey’s Law.” The law takes effect October 1, 2026, and establishes new limitations on the use of nondisclosure provisions in agreements involving allegations of sexual abuse.
Historically, nondisclosure and confidentiality agreements have been used to resolve a variety of workplace disputes. Trey’s Law, however, declares certain confidentiality provisions related to sexual abuse void as a matter of public policy, limiting an employer’s ability to restrict disclosure of such conduct.
Key Modifications to Disclosure Rules
Trey’s Law renders specific clauses in employment-related agreements void and unenforceable if they attempt to prevent disclosure of sexual abuse.
- Broad Application. The law applies to a wide range of documents, including nondisclosure agreements (NDAs), confidentiality agreements, employment contracts, and settlement agreements.
- Prohibited Clauses. Any provision that prohibits an individual or entity from disclosing an act of sexual abuse, or facts relating to such conduct, is void and unenforceable.
- Definition of Sexual Abuse. For purposes of the law, “sexual abuse” includes conduct that would constitute a criminal offense under specified provisions of the Alabama criminal code, regardless of whether criminal charges were filed or a conviction was obtained.
- Prospective Application. The law applies to agreements entered into, executed, or amended on or after October 1, 2026.
- Targeted Enforcement. Only the provisions restricting disclosure of sexual abuse are void. Other contract terms, such as compensation, release provisions, or unrelated confidentiality requirements remain enforceable.
Next Steps for Employers
Employers with operations in Alabama should begin preparing for compliance before the law takes effect.
- Review Template Agreements: Audit employment contracts, severance agreements, and settlement templates to identify provisions that could be interpreted as restricting disclosure of sexual abuse.
- Update Confidentiality Language: Work with legal counsel to incorporate appropriate carve-out language recognizing an individual’s right to disclose acts of sexual abuse.
- Train HR and Management: Ensure HR professionals and managers involved in hiring, discipline, and separations understand the new limitations on confidentiality provisions.
- Consult Legal Counsel: Because the law incorporates criminal law definitions and affects settlement practices, employers should seek legal guidance when drafting or negotiating agreements involving potential misconduct allegations.
