Bill > S2153

This bill, titled "Relative to defense against abusive waivers," aims to protect employees by declaring certain contract provisions that waive fundamental rights unconscionable, void, and unenforceable. Specifically, it targets waivers related to claims of discrimination, nonpayment of wages or benefits, retaliation, harassment, or violations of public policy in employment, to the extent not overridden by federal law. The bill states that no such rights or remedies can be waived in advance, and if a contract provision is found to be unconscionable, void, or unenforceable, the rest of the contract remains valid. Anyone who tries to enforce such a prohibited waiver can be held liable for the other party's reasonable legal fees and costs. Furthermore, employers are prohibited from taking any adverse action, such as refusing to hire, firing, demoting, or discriminating against an employee because they refuse to sign a contract containing such an abusive waiver. Individuals harmed by a violation of these provisions can sue for damages and injunctive relief within three years, and may recover legal fees. The bill also outlines enforcement roles for the Attorney General and the Massachusetts Commission Against Discrimination (MCAD) for specific types of violations, and clarifies that these new rights do not prevent the use of collective bargaining agreements. These provisions will apply to contracts entered into on or after the bill's effective date.