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MA S958

MA S958
Relative to defense against abusive waivers


summary

Introduced
04/15/2015
In Committee
03/03/2016
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation relative to an employee protection act. Labor and Workforce Development.

AI Summary

This bill, titled "Relative to defense against abusive waivers," aims to protect employees by declaring any provision in an employment contract that waives substantive or procedural rights related to claims of discrimination, non-payment of wages or benefits, retaliation, harassment, or violations of public policy as unconscionable, void, and unenforceable for claims arising after the waiver is made. This means employees cannot be forced to give up their rights to pursue these types of claims through a contract. The bill also prohibits employers from retaliating against employees who refuse to sign such agreements, with penalties including reasonable attorneys' fees and costs for those who try to enforce invalid waivers. Individuals harmed by violations can sue for damages, injunctive relief, and legal costs, and enforcement powers are granted to the Massachusetts Attorney General and the Massachusetts Commission Against Discrimination (MCAD) for specific types of claims. The bill clarifies that these protections do not alter existing rights and remedies under collective bargaining agreements and applies to agreements entered into on or after its effective date.

Committee Categories

Budget and Finance, Labor and Employment

Sponsors (11)

Last Action

New draft substituted, see S2153 (on 03/10/2016)

bill text


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