Amendment #732 to H5007

Defense Against Abusive Waivers

Mr. Gordon of Bedford moves to amend the bill by adding the following sections:-

SECTION XX. Chapter 149 of the General Laws is hereby amended by inserting at the end thereof the following section:-

Section 204. (a) No employer or prospective employer as a condition of hire, commencement of employment or continuation of employment, shall require a prospective employee or an employee to enter into a contract waiving a substantive or procedural right or remedy relating to any employment or employment-related claim, including, without limitation, any claim for a violation of this chapter, chapter 151B or for violation of public policy in employment. A contract executed in violation of this section shall be unenforceable.

(b) Whoever enforces or attempts to enforce a waiver in violation of subsection (a) shall be liable for damages, reasonable attorneys’ fees and costs.

(c) No employer or prospective employer shall take retaliatory action against a prospective employee, an employee who has not commenced employment or an employee who refuses to enter a contact in violation of subsection (a). Retaliation shall include, without limitation, failure to hire, discharge, suspend, demote or discriminate in the terms, conditions or privileges of employment, or any other adverse action, against a prospective employee, an employee who has not commenced employment or an employee because the prospective employee, employee who has not commenced employment or an employee refuses to enter into a contract in violation of subsection (a).

A prospective employee, an employee who has not commenced employment or an employee aggrieved by a violation of this section may, within 3 years after the violation, commence a civil action for damages and injunctive relief.  If the court finds that a person was aggrieved by a violation of this section, the person shall recover reasonable attorneys’ fees and costs. The rights and remedies in this section shall not be exclusive and shall not preempt other available procedures and remedies for retaliatory actions including, but not limited to, those contained in section 150 and section 4 of chapter 151B.

(d) The attorney general may enforce this section if the substantive or procedural right or remedy at issue arises under section 150.

(e) The Massachusetts Commission Against Discrimination may enforce this section if the substantive or procedural right or remedy at issue arises under chapter 151B.

(f) A person aggrieved by a violation of chapter 151B who seeks a remedy other than: (i) nonenforcement of a provision prohibited by this section; or (ii) reasonable attorneys’ fees and costs for enforcement of any provision of this section, shall seek such remedy under said chapter 151B.

SECTION XX. Section XX of this act shall apply to contracts executed on or after the effective date of this act.

Additional co-sponsor(s) added to Amendment #732 to H5007

Defense Against Abusive Waivers