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H 2114

An Act relative to defense against abusive waivers

194th Legislature (2025-2026) Introduced by Ken Gordon and 1 co-sponsor

Massachusetts bill invalidates abusive employee and consumer waivers that deny access to legal action, class proceedings, or fair remedies for workplace and consumer rights violations.

Bill reported favorably by committee and referred to the committee on House Ways and Means
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Bill Summary · H 2114

Legislative bill overview

H 2114 addresses the enforceability of waivers that employees and consumers are required to sign, particularly those waiving rights to legal action, collective proceedings, or arbitration. The bill aims to invalidate overly broad or abusive waivers that effectively deny workers and consumers access to justice or fair remedies for violations of their rights.

Why is this important

Waivers requiring employees to forgo legal recourse—such as class action bans or mandatory arbitration clauses—can shield employers and businesses from accountability while leaving workers with limited options to challenge wage theft, discrimination, or safety violations. This bill could significantly impact employment practices and consumer protections by restoring avenues for legal action that are currently blocked by fine-print agreements.

Potential points of contention

  • Business burden: Employers and service providers argue that voiding waivers increases litigation costs and uncertainty, potentially affecting competitiveness and hiring decisions
  • Definitional ambiguity: Determining what constitutes an "abusive" waiver versus a legitimate contractual agreement may create litigation over the bill's scope and application
  • Arbitration debate: The bill may conflict with federal arbitration law (FAA) and interstate commerce, potentially facing legal challenges about federalism and preemption

Compiled from official sources — confirm details with the bill’s official record.

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