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Bill

Bill

S 1335

An Act relative to defense against abusive waivers

194th Legislature (2025-2026) Introduced by Cindy Friedman

Voids employment waivers that strip workers of legal rights to pursue claims for wage theft, discrimination, and harassment, restoring access to courts for Massachusetts employees.

Bill reported favorably by committee and referred to the committee on Senate Ways and Means
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Bill Summary · S 1335

Legislative bill overview

S 1335 seeks to restrict the enforceability of waivers that require employees or service users to surrender legal rights as a condition of employment or service. The bill specifically targets "abusive waivers"—agreements that prevent individuals from pursuing claims related to wage theft, discrimination, harassment, or other violations. It aims to void such provisions and protect workers' access to legal remedies.

Why is this important

Waivers that strip away legal rights disproportionately affect lower-wage workers with limited bargaining power who must accept unfavorable terms to gain employment or access services. This bill addresses a real enforcement gap where individuals lose recourse for violations without ever meaningfully consenting to surrender those protections. The outcome could significantly alter employment contract standards in Massachusetts.

Potential points of contention

  • Business concerns: Employers may argue that blanket restrictions on waivers increase litigation costs and unpredictability, potentially affecting hiring and competitiveness
  • Scope definition: Disagreement over what constitutes an "abusive" waiver versus legitimate risk allocation (e.g., non-disclosure agreements, IP protections) may create legal ambiguity
  • Severability: If waivers are voided, questions arise about whether entire agreements remain valid or if only problematic clauses are struck

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

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