Labor & Employment (Employment Discrimination)

This bill (HD 3739) limits the enforceability of non-disclosure agreements (NDAs) in employment settlements involving claims of discrimination, unpaid wages/benefits, retaliation, harassment, or public policy violations. It states that any NDA provision waiving these rights is only valid for 3 years from the agreement's start date. Employees cannot be punished by employers for refusing to sign such clauses, and employers violating this law face liability for attorney fees and damages. The law applies to all settlement agreements entered after its effective date, but excludes collective bargaining agreements. It directly affects employees with workplace claims and employers using NDAs in settlements.

HD 932 prohibits employment discrimination against workers who use cannabis legally outside of work. It prevents employers from refusing to hire, firing, or discriminating in pay or conditions based solely on positive drug tests for THC or cannabis metabolites, unless there's reasonable suspicion the employee was impaired during work hours. The law does not apply to "safety sensitive positions" (like pilots or heavy machinery operators) or if the employee cannot maintain required licenses due to cannabis use. It also excludes situations where compliance would violate federal law or funding agreements. This directly affects employees in non-safety roles who use cannabis legally but face workplace drug testing.

This bill amends Section 5 of Chapter 151B by extending the deadline for filing workplace discrimination claims from 300 days to 3 years. It directly affects workers who experience discrimination, giving them more time to take legal action. The key provision changes a specific time limit in the law, making it easier for individuals to seek justice without rushing to file within a shorter window. This is a procedural adjustment to existing law, not a new policy. The change applies to all claims covered under Chapter 151B.

By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1356) of Mark C. Montigny for legislation relative to fair hiring practices. Labor and Workforce Development.