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Bill

HD 3739

An Act 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

194th Legislature (2025-2026) Introduced by Michelle DuBois

Massachusetts bill prohibits employers from requiring NDAs that silence workers reporting discrimination, wage violations, harassment, or public policy breaches, enabling workplace misconduct disclosure.

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Bill Summary · HD 3739

Legislative bill overview

HD 3739 restricts the use of non-disclosure agreements (NDAs) in employment disputes involving discrimination, wage theft, retaliation, harassment, or public policy violations. The bill would prohibit employers from requiring employees to sign NDAs that prevent them from disclosing facts related to these claims, though it may allow confidentiality provisions regarding settlement amounts or employer trade secrets.

Why is this important

NDAs currently allow employers to silence workers about workplace misconduct, which can enable repeated violations and prevent victims from speaking publicly or to authorities about illegal treatment. This bill seeks to balance employer confidentiality interests with workers' ability to report and discuss illegal workplace practices, potentially increasing transparency around workplace violations.

Potential points of contention

  • Business confidentiality concerns: Employers may argue that restrictions on NDAs could expose sensitive business information or litigation strategies if employees can freely discuss settlement details
  • Overbroad application: Defining the exact scope of what constitutes a "claim" versus unrelated confidential business information could create litigation and compliance ambiguity
  • Remedies and enforceability: The bill's enforcement mechanisms—who can sue for violations and what penalties apply—would significantly affect its practical impact and employer compliance costs

Compiled from official sources — confirm details with the bill’s official record.

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