Lawyers, advocates seek to ban mandatory pre-dispute waivers that strip Massachusetts workers’ rights

Employment-law advocates urged the Joint Committee on Labor and Workforce Development to pass legislation banning pre-dispute waivers that require employees to waive Massachusetts statutory protections as a condition of hire.

Philip Gordon, past president of the Massachusetts Employment Lawyers Association, said employers sometimes require new hires to accept contracts that strip away Massachusetts protections—by selecting another state’s law, shortening statutes of limitations, or mandating arbitration or other pre-dispute terms. "These are abusive waivers that people sign when they first come to first get their jobs," Gordon said. "When you push the I accept button in your contract, you may have waived your rights to the protections of Massachusetts law."

Gordon and other witnesses described waivers embedded in onboarding paperwork or electronic click-throughs and argued that post-dispute releases (signed after an issue arises) are appropriate but prospective, mandatory pre-dispute waivers are coercive and unfair.

The bill as described would protect employees from mandatory, pre-dispute waivers of statutory rights while preserving parties’ ability to negotiate releases after a dispute. Proponents told the committee the change would especially help workers in lower-wage jobs and remote or gig employment settings where onboarding paperwork is often presented electronically and accepted without counsel.

The committee did not vote; proponents asked lawmakers to report S.1335/H.2114 favorably.