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| 2 | 2 | | HOUSE DOCKET, NO. 2482 FILED ON: 1/19/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1870 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Michelle M. DuBois |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to non-disclosure agreements relating to a claim of discrimination, non-payment |
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| 13 | 13 | | of wages or benefits, retaliation, harassment or violation of public policy in employment. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle M. DuBois10th Plymouth1/19/2023 1 of 3 |
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| 17 | 17 | | HOUSE DOCKET, NO. 2482 FILED ON: 1/19/2023 |
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| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 1870 |
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| 19 | 19 | | By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 1870) of |
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| 20 | 20 | | Michelle M. DuBois relative to non-disclosure agreements relating to a claim of discrimination, |
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| 21 | 21 | | non-payment of wages or benefits, retaliation, harassment or violation of public policy in |
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| 22 | 22 | | employment. Labor and Workforce Development. |
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| 23 | 23 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 24 | 24 | | SEE HOUSE, NO. 1967 OF 2021-2022.] |
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| 25 | 25 | | The Commonwealth of Massachusetts |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | In the One Hundred and Ninety-Third General Court |
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| 28 | 28 | | (2023-2024) |
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| 29 | 29 | | _______________ |
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| 30 | 30 | | An Act relative to non-disclosure agreements relating to a claim of discrimination, non-payment |
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| 31 | 31 | | of wages or benefits, retaliation, harassment or violation of public policy in employment. |
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| 32 | 32 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 33 | 33 | | of the same, as follows: |
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| 34 | 34 | | 1 SECTION 1. Chapter 149 of the General Laws, as appearing in the 2020 Official Edition |
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| 35 | 35 | | 2is hereby amended by adding the following section:- |
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| 36 | 36 | | 3 Section 204. (a) For the purposes of this section, the following terms shall have the |
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| 37 | 37 | | 4following meanings, unless the context clearly requires otherwise:- |
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| 38 | 38 | | 5 “Retaliatory action”, the discharge, suspension, or demotion of an employee, or other |
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| 39 | 39 | | 6adverse employment action taken against an employee in the terms and conditions of |
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| 40 | 40 | | 7employment. 2 of 3 |
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| 41 | 41 | | 8 (b) Any provision in a settlement agreement between an employer and an employee, |
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| 42 | 42 | | 9including but not limited to a non-disclosure agreement, that waives a substantive or procedural |
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| 43 | 43 | | 10right or remedy of the employee relating to a claim of discrimination, non-payment of wages or |
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| 44 | 44 | | 11benefits, retaliation, harassment or violation of public policy in employment, including but not |
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| 45 | 45 | | 12limited to prohibiting the disclosure of information relative to any such claim shall be valid and |
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| 46 | 46 | | 13enforceable for only 3 years from the date the agreement takes effect. |
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| 47 | 47 | | 14 (c) This section shall not render void or unenforceable the remainder of the contract or |
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| 48 | 48 | | 15agreement. This section shall not apply to the terms of any collective bargaining agreement |
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| 49 | 49 | | 16between an employer and the bona fide collective bargaining representative of that employer’s |
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| 50 | 50 | | 17employees. |
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| 51 | 51 | | 18 (d) An employer shall not take any retaliatory action against an employee because the |
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| 52 | 52 | | 19employee does not enter into an agreement that includes a provision deemed void or |
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| 53 | 53 | | 20unenforceable pursuant to this section. |
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| 54 | 54 | | 21 (g) Whoever violates this section or enforces or attempts to enforce a provision deemed |
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| 55 | 55 | | 22void and unenforceable under this section shall be liable for reasonable attorney’s fees and costs |
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| 56 | 56 | | 23associated with litigation. |
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| 57 | 57 | | 24 (h) A person aggrieved by a violation of this section may, within 3 years after such |
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| 58 | 58 | | 25violation, institute a civil action in superior court. All remedies available in common law tort |
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| 59 | 59 | | 26actions shall be available to prevailing plaintiffs. The court may also order the payment of |
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| 60 | 60 | | 27reasonable costs and attorney’s fees. The rights and remedies contained in this section shall not |
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| 61 | 61 | | 28be exclusive and shall not preempt other procedures or remedies available. 3 of 3 |
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| 62 | 62 | | 29 SECTION 2. This act shall apply to all settlement agreements, including but not limited |
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| 63 | 63 | | 30to non-disclosure agreements, entered into, renewed, modified, or amended on or after the |
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| 64 | 64 | | 31effective date of this act. |
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