Can I require employees to sign arbitration agreements in Massachusetts? What are the requirements?

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Can I require employees to sign arbitration agreements in Massachusetts? What are the requirements?

Yes, you can require employees to sign arbitration agreements in Massachusetts. According to MGL Chapter 251, Section 1, a written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties shall be valid, enforceable, and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. Similarly, MGL Chapter 150C, Section 1 states that a written agreement or a provision in a written agreement between a labor organization or organizations and an employer or employers or association or group of employers to submit to arbitration any existing controversy or any controversy thereafter arising between parties to the agreement shall be valid, enforceable, and irrevocable, except as otherwise provided by law or in equity for the revocation of any contract.

However, it is important to note that the arbitration agreement must meet certain requirements to be enforceable. For example, the agreement must be in writing, and the employee must understand and voluntarily agree to the terms of the agreement. Additionally, the agreement cannot waive an employee’s substantive rights or remedies under state or federal law.

Jurisdiction

Massachusetts

• Labor