Massachusetts House Bill H1870

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Relative to non-disclosure agreements relating to a claim of discrimination, non-payment of wages or benefits, retaliation, harassment or violation of public policy in employment

Impact

Upon enactment, H1870 may lead to a major shift in the dynamics between employees and employers by diminishing the enforceability of NDAs related to workplace discrimination and other grievances. This change would empower employees to come forward with complaints without the added pressure of NDA restrictions, which often silence victims of misconduct and discrimination. Consequently, it promotes a culture of accountability within workplaces in Massachusetts. The bill does not affect the terms of collective bargaining agreements, thus leaving unionized employees under existing protections.

Summary

House Bill H1870, presented by Representative Michelle M. DuBois, proposes significant amendments to Chapter 149 of the General Laws regarding non-disclosure agreements (NDAs) in employment contexts. This bill specifically aims to make any NDA that restrains employees' rights related to claims of discrimination, non-payment of wages, benefits, harassment, or retaliation active for a maximum period of three years from the effective date of the agreement. By placing this limit on NDAs, the legislation seeks to enhance transparency and provide employees with greater power to discuss and disclose issues of workplace misconduct without fear of retribution.

Contention

While the primary goal of H1870 is to protect employees and enhance their rights, the bill could face opposition from employers who may argue it undermines their ability to protect sensitive workplace information. Critics may contend that reducing the enforceability of NDAs might discourage some businesses from entering into agreements that they believe help maintain confidentiality and protect intellectual property. This raises questions about finding a balance between the rights of employees and the interests of employers in an evolving legal landscape regarding workplace rights.