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HOUSE DOCKET, NO. 2373        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2287

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Garrett J. Bradley

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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 to prohibit the use of certain liability waivers as against public policy.

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PETITION OF:

 

Name:

District/Address:

Garrett J. Bradley

3rd Plymouth


HOUSE DOCKET, NO. 2373        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2287

By Mr. Bradley of Hingham, a petition (accompanied by bill, House, No. 2287) of Garrett J. Bradley realtive to prohibiting the use of certain liability waivers as against public policy.  Labor and Workforce Development. 

 

The Commonwealth of Massachusetts

 

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In the Year Two Thousand Eleven

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An Act to prohibit the use of certain liability waivers as against public policy.

 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              Chapter 231 of the General Laws, as appearing the 2008 Official Edition, is hereby amended by inserting after section 85AA the following section:-

              Section 85BB.  Any waiver, disclaimer, exclusion or limitation of liability in an employment application or other document purporting to release any third party from liability for injuries or death, whether in tort or contract, to an employee shall be void as against public policy, and no employee or employment applicant shall be required to agree to such waiver, disclaimer, exclusion or limitation of liability as a condition of his or her hiring or continued employment.  The term “employee” as used in this paragraph shall be as defined in section one of chapter 152, and shall include dependents of such employee, also as so defined, except that it shall not exclude an independent contractor, or any employee thereof, providing labor or materials to another.  Any employer who violates the provisions of this paragraph shall be liable for a penalty equal to two times the average weekly wage in the commonwealth plus the attorney’s fees and costs incurred by the employee in any action involving a determination of the rights of the employee under this section.

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