Massachusetts House Bill H2095

Massachusetts 2025-2026 Regular Session

• Introduced: 2/27/25
• Refer: 2/27/25

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

If enacted, HB 2095 would amend Chapter 149 of the General Laws, establishing a provision that makes any waivers within non-disclosure agreements regarding substantive or procedural employee rights valid and enforceable for only three years. This change would enable employees to speak out about essential workplace issues without the fear of legal repercussions associated with enforced silence. Furthermore, it reaffirms that employers cannot retaliate against employees for refusing to enter into agreements that include provisions now deemed void.

Summary

House Bill 2095 is an act that focuses on regulating non-disclosure agreements in the context of employment claims. Specifically, it seeks to limit the enforceability of such agreements—especially those involving claims of discrimination, non-payment of wages, retaliation, and harassment. The proposed legislation aims to ensure that employees retain their rights to disclose information regarding these significant employment issues, thereby promoting transparency and protecting workers’ rights.

Contention

The potential passage of HB 2095 has sparked discussions among legislators and stakeholders. Proponents argue that it is a crucial step towards safeguarding employee rights and preventing discrimination and retaliation in the workplace. However, critics may express concerns about the implications for businesses and potential claims against employers. They argue that such regulations might lead to increased litigation and could affect employer-employee relationships by complicating settlement discussions involving claims of misconduct.