An Act Concerning Nondisclosure Agreements in Employment
Maine Legislature, Session 130, LD 0965
House Amendment HA_A_H1050 (House)

HOUSE AMENDMENT "A" to H.P. 711, L.D. 965, "An Act Concerning 
Nondisclosure Agreements in Employment" 
Amend the bill in section 1 in §599-C by striking out all of subsection 1 (page 1, lines 
to 7 in L.D.) and inserting the following: 
11. Employer defined. As used in this section, unless the context otherwise indicates, 
11employer
has the same meaning as in section 615, subsection 3.' 
Amend the bill in section 1 in §599-C in subsection 2 in the last 2 lines (page 1, lines 
and 11 in L.D.) by striking out the following: "discrimination, retaliation or harassment" 
and inserting the following: 'unlawful employment discrimination, as defined and limited 
by Title 5. chapter 337, subchapter 3,' 
Amend the bill in section 1 in §599-C by striking out all of subsection 4 (page 1, lines 
to 34 in L.D.) and inserting the following: 
'4. Settlement, separation or severance agreement 1·equirements. A settlement, 
separation or severance agreement may include a provision that prevents the subsequent 
disclosure of factual information relating to a claim of unlawful employment 
discrimination, as defined and limited by Title 5, chapter 337, subchapter 3. only if: 
A. The agreement expressly provides for separate moneta1y consideration for the 
provision in addition to anything of value to which the employee, intern or applicant 
for employment is already entitled; 
B. The provision applies to all parties to the agreement to the extent otherwise 
permitted by Jaw: 
C. The agreement clearly states that the individual retains the right to repmt. testify or 
provide evidence to federal and state agencies that enforce employment or 
discrimination laws and to testify and provide evidence in federal and state court 
proceedings; and 
D. The employer retains a copy of the agreement for 6 years following the execution 
of the agreement or the end of employment, whichever is later. Records required to be 
kept by this paragraph must be accessible to any representative of the Depa1tment of 
Labor at any reasonable hour. 
HOUSE AMENDMENT 
~o<o 
HOUSE AMENDMENT 'A" to H.P. 711, L.D. 965 
Nothing in this section may be construed as limiting the use of nondisclosure agreements 
to protect the confidentiality of proprietaiy information, trade secrets or information that is 
otherwise confidential by law, rule or regulation.' 
Amend the bill in section 1 in §599-C by striking out all of subsection 5 (page 1, line 
in L.D.) and inserting the following: 
15, Enforcement, The Department of Labor shall enforce this section. In addition, 
the Attorney General may bring an action under this section to impose a fine or to enjoin 
further violation. An employer that intentionally violates this section commits a civil 
violation for which a fine ofup to $1,000 may be adjudged.' 
Amend the bill in section 1 in §599-C by striking out all of subsection 6 (page 1, lines 
to 40 and page 2, lines 1 to 5 in L.D.). 
Amend the bill by relettering or renumbering any nonconsecutive Pait letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the definition of "employer" in the bill. The amendment 
clarifies that the provisions of the bill apply to unlawful discrimination, imposes certain 
requirements regarding settlement, separation or severance agreement nondisclosure 
provisions, adds a statement regarding the construction of the provisions of the bill and 
allows the Attorney General to bring an action to impose a fine or seek an injunction for a 
violation of the provisions of the bill. 
SPONSORED BY:,_~~-·~-~-· 
-1,, c-/ _____ ,._____,.,___,,"---'--""-+-'-+-:,4-
\ 
(Representative'HARNETT, T.) 
TOWN: Gardiner 
FISCAL NOTE REQUIRED 
(See attached) 
HOUSE AMENDMENT 
( 
Revised: 04/26/22 wae 
LD965 
LR 1162(10) 
An Act Concerning Nondisclosure Agreements in Employment 
Fiscal Note for House Amendment ~" to Original Bill 
Sponsor: Rep. Harnett of Gardiner 
/ 
/ 
_ ') 
Fiscal Note Required: Yes 
LI- - JO 50) 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. The collection of additional fines may increase General Fund or other dedicated 
revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of the Attorney General are assumed to be minor and can be absorbed within 
existing budgeted resources. 
LRl 162(10) - Fiscal Note - Page l of I