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| 2 | 2 | | HOUSE DOCKET, NO. 3757 FILED ON: 1/17/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1677 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Michelle M. DuBois |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to improve contract provisions waiving certain rights. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle M. DuBois10th Plymouth1/17/2025 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3757 FILED ON: 1/17/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1677 |
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| 18 | 18 | | By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 1677) of |
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| 19 | 19 | | Michelle M. DuBois relative to contract provisions waiving certain rights. The Judiciary. |
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| 20 | 20 | | The Commonwealth of Massachusetts |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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| 23 | 23 | | (2025-2026) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act to improve contract provisions waiving certain rights. |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 27 | 27 | | of the same, as follows: |
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| 28 | 28 | | 1 Chapter 149 of the General Laws is hereby amended by adding the following section:- |
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| 29 | 29 | | 2 Section 192. (a) A provision in any contract waiving any substantive or procedural |
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| 30 | 30 | | 3right or remedy relating to a claim of discrimination, non-payment of wages or benefits, |
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| 31 | 31 | | 4retaliation, harassment or violation of public policy in employment shall be deemed |
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| 32 | 32 | | 5unconscionable, void and unenforceable, with respect to any such claim arising after the |
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| 33 | 33 | | 6waiver is made. No right or remedy arising under this section, this chapter, common law, |
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| 34 | 34 | | 7any other provision of law or rule of procedure or the constitution shall be prospectively |
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| 35 | 35 | | 8waived. This section shall not render void or unenforceable the remainder of the contract or |
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| 36 | 36 | | 9agreement. The provisions of this subdivision shall not apply to the terms of any collective |
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| 37 | 37 | | 10bargaining agreement between an employer and the bona fide collective bargaining |
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| 38 | 38 | | 11representative of that employer's employees. 2 of 2 |
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| 39 | 39 | | 12 (b) Whoever enforces or attempts to enforce a waiver deemed unconscionable, void or |
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| 40 | 40 | | 13unenforceable under this section shall be liable for reasonable attorney's fees and costs. |
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| 41 | 41 | | 14 (c) No person or employer shall take any retaliatory action, including, but not limited to, |
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| 42 | 42 | | 15failure to hire, discharge, suspension, demotion, discrimination in the terms, conditions or |
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| 43 | 43 | | 16privileges of employment, or other adverse action, against a person, because the person does |
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| 44 | 44 | | 17not enter into an agreement or contract that contains a waiver deemed unconscionable, void or |
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| 45 | 45 | | 18unenforceable under this section. |
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| 46 | 46 | | 19 (d) A person aggrieved of a violation of this section may, within three years after the |
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| 47 | 47 | | 20violation, institute and prosecute in such person's own name and on such person's own behalf a |
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| 48 | 48 | | 21civil action for torts remedies, injunctive relief, and the costs of litigation and reasonable |
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| 49 | 49 | | 22attorney's fees. The rights and remedies contained in this section shall not be exclusive and shall |
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| 50 | 50 | | 23not preempt other procedures and remedies available under other applicable laws. |
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| 51 | 51 | | 24 Section 193. This act shall take effect upon its passage and shall apply to all contracts |
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| 52 | 52 | | 25entered into, renewed, modified or amended on or after such date. |
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