H10 — An Act relative to nondisclosure agreements

Summary

An Act relative to nondisclosure agreements

Bill Text

• Full text Current

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The bill amends existing laws to prohibit nondisclosure agreements related to unlawful acts in the workplace, mandates transparency in settlement agreements, and restricts the use of such agreements by governmental entities.

• Chapter 151B

  Nondisclosure agreements relative to unlawful acts in the workplace, such as harassment, discrimination or other forms of misconduct

  Adds a new section addressing nondisclosure agreements related to workplace misconduct.

• Chapter 151B, Section 11

  (a) Notwithstanding any general or special law to the contrary, a settlement agreement or a provision within a settlement agreement that prevents the disclosure of information related to a claim ... is prohibited.

  Establishes that certain settlement agreements preventing disclosure of claims related to workplace misconduct are prohibited.

• Chapter 151B, Section 11

  (b) Notwithstanding any general or special law to the contrary, in a civil matter described in subsection (a), a court shall not enter ... an order that restricts the disclosure of information in a manner that conflicts with subsection (a).

  Prohibits courts from entering orders that restrict disclosure in civil matters related to prohibited settlement agreements.

• Chapter 151B, Section 11

  (d) Except as authorized by subsection (c), a provision within a settlement agreement ... is void as a matter of law and against public policy.

  Declares provisions in settlement agreements that prevent disclosure of factual information related to certain claims as void.

• Chapter 151B, Section 11

  (h) Notwithstanding any general or special law to the contrary, no public funds shall be expended ... for settling a claim described in subsection (a) against a public employee.

  Restricts the use of public funds for settling claims related to certain workplace misconduct involving public employees.

• Chapter 151B, Section 12

  Notwithstanding any general or special law to the contrary, all settlement agreements related to a claim filed ... shall be processed in accordance with 815 CMR 5.00.

  Establishes a requirement for transparency in the processing of settlement agreements.

• Chapter 6

  No governmental entity shall include or permit the inclusion of a nondisclosure, non-disparagement ... in a settlement agreement between the governmental entity and an employee or a student.

  Prohibits governmental entities from including certain nondisclosure clauses in employment or settlement agreements.

• Chapter 6

  (b) ... such a settlement may include, at the request of the employee or student, a provision that prevents the governmental entity from disclosing the individual’s identity ...

  Allows for identity protection provisions in settlement agreements at the request of the employee or student.

Sponsors

• Auditor of the Commonwealth · Primary

Subjects