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SENATE DOCKET, NO. 1470 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 1184
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Cindy F. Friedman
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the defense against abusive waivers.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Cindy F. FriedmanFourth MiddlesexKenneth I. Gordon21st Middlesex1/30/2023Jason M. LewisFifth Middlesex1/31/2023Michael J. BarrettThird Middlesex1/31/2023James B. EldridgeMiddlesex and Worcester3/6/2023 1 of 4
SENATE DOCKET, NO. 1470 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 1184
By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1184) of Cindy F. Friedman,
Kenneth I. Gordon, Jason M. Lewis, Michael J. Barrett and others for legislation relative to an
employee protection act. Labor and Workforce Development.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1164 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to the defense against abusive waivers.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 149 of the General Laws is hereby amended by adding the
2following section:-
3 Section 204. (a) Any provision in a contract waiving any substantive right or remedy, or
4any procedural right, remedy, standard or practice, that would otherwise apply to a claim of
5employment discrimination, retaliation or harassment, nonpayment of wages or benefits, or
6violation of public policy in employment, shall be unconscionable, void and unenforceable with
7respect to any such claim arising after the waiver is made. No right or remedy arising under this
8section, this chapter, chapter 151B, common law, the constitution or a rule of procedure may be
9prospectively waived. If a provision of a contract is found to be unconscionable, void or 2 of 4
10unenforceable under this section, the remaining provisions of the contract shall continue in full
11force and effect.
12 (b) Whoever requests an employee to agree to, enforces, or attempts to enforce a waiver
13found to be unconscionable, void or unenforceable under this section shall be liable for damages,
14reasonable attorneys’ fees and costs.
15 (c) No individual, employer or prospective employer shall take any retaliatory action
16including, without limitation, discharge, suspension, demotion, refusal to hire, or discrimination
17in the terms, conditions or privileges of employment, or any other adverse action, against an
18individual because the individual refuses to enter into a contract that contains a waiver that
19would be unconscionable, void or unenforceable under subsection (a).
20 An individual aggrieved by a violation of this subsection may, within 3 years after the
21violation, commence a civil action for damages and injunctive relief. If the court finds that an
22individual was aggrieved by a violation of this section, the individual shall recover reasonable
23attorneys’ fees and costs. The rights and remedies in this section shall not be exclusive and shall
24not preempt other available procedures and remedies for retaliatory actions including, but not
25limited to, those contained in section 150 and section 4 of chapter 151B.
26 (d) The attorney general may enforce this section if the substantive or procedural right or
27remedy at issue arises under section 150.
28 (e) The Massachusetts Commission Against Discrimination may enforce this section if
29the substantive or procedural right or remedy at issue arises under chapter 151B. 3 of 4
30 (f) An individual aggrieved by a violation of chapter 151B who seeks a remedy other
31than: (i) nonenforcement of a provision prohibited by this section; or (ii) reasonable attorneys’
32fees and costs for enforcement of any provision of this section, shall seek such remedy under
33said chapter 151B.
34 (g) With respect to any agreement presented to an employee with the purpose of requiring
35the employee to bring to arbitration a matter that has not yet occurred purporting to apply to one
36or more claims of employment discrimination, retaliation or harassment or nonpayment of wages
37or benefits arising under this chapter or chapter 151B, or violation of public policy in
38employment, any party to the agreement may elect to void the agreement after the dispute has
39arisen. If a party elects to void an agreement requiring the employee to bring to arbitration a
40matter void under subsection (a) , the remaining provisions of the contract shall continue in full
41force and effect, unless such remaining provision is void under subsection (a). The remedy
42contained in this subsection is duplicative of any remedies contained in subsections (a) and (c),
43and this subsection shall not be interpreted to limit the scope of any other part of this section.
44Any issue as to whether this section applies to a claim shall be determined by a court, rather than
45an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration
46agreement specifically or in conjunction with other terms of the contract containing such
47agreement, and irrespective of whether the agreement purports to delegate such determinations to
48an arbitrator.
49 (h) Nothing in this section shall expand or limit the use of collective bargaining
50agreements. 4 of 4
51 SECTION 2. Section 1 of this act shall apply to contracts executed on or after the
52effective date of this act.