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MA H1716

MA H1716
Relative to defense against abusive waivers act


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to prevent contracts of waivers in employment cases of claims concerning discrimination, non-payment of wages or benefits, retaliation, harassment or violation of public policy. Labor and Workforce Development.

AI Summary

This bill, titled the "Relative to defense against abusive waivers act," aims to protect employees by declaring any contract provision that forces them to give up their rights or remedies concerning claims of discrimination, unpaid wages or benefits, retaliation, harassment, or violations of public policy as unconscionable, void, and unenforceable for any claims arising after the waiver is made. It clarifies that employees cannot prospectively waive these rights and remedies, and that the rest of the contract will remain valid. The bill also establishes penalties for anyone who tries to enforce such a waiver, including liability for attorneys' fees and costs, and prohibits employers from retaliating against employees who refuse to sign agreements containing these prohibited waivers, offering legal recourse for those who are aggrieved. Furthermore, it specifies that the Massachusetts Attorney General and the Massachusetts Commission Against Discrimination (MCAD) can enforce these provisions under certain circumstances, and that this act applies to all agreements entered into on or after its effective date.

Committee Categories

Labor and Employment

Sponsors (18)

Last Action

Accompanied S958 (on 10/19/2015)

bill text


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