Federal & State Regulations | Employment contracts - Massachusetts

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Summary of differences between federal and state regulations

Massachusetts law has a similar provision to federal regarding union membership. It has additional Federal law generally does not regulate employment contracts between employers and employees with one exception: contracts that require the joining or refraining from joining of a labor union as a condition of employment. On the federal level, these contracts are governed by the National Labor Relations Act. States may have a corresponding provision and may also have additional provisions regarding employment contracts.

Massachusetts law has a similar provision to federal regarding union membership. It has additional provisions relating to employment contracts.

Union membership

An employer can not coerce or compel an individual into a written or oral agreement to join or refrain from joining a labor union as a condition of employment. Ch. 149, §20

No contract, whether written or oral, between any employee or prospective employee and an employer, whereby either party agrees not to join or not to remain a member of a labor union or to withdraw from an employment relation in the event that he joins or remains a member of a labor union, will be upheld as a basis for legal relief by any court. Ch. 149, §20A

Contract based on age

An employer can not enter into a contract to prevent the private sector employment of any person over the age of 40 due to the person’s age. Ch. 149, §24B

Liability

An employer can not enter into a contract to exempt the employer from liability for injuries suffered by an employee in the course of his employment or resulting from the employer’s negligence. Ch. 149, §177A