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2 | 2 | | HOUSE DOCKET, NO. 381 FILED ON: 1/12/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1680 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Lenny Mirra |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to the reporting of certain violations. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Lenny Mirra2nd Essex1/11/2023 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 381 FILED ON: 1/12/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1680 |
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18 | 18 | | By Representative Mirra of Georgetown, a petition (accompanied by bill, House, No. 1680) of |
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19 | 19 | | Lenny Mirra relative to the reporting of certain violations and the protection of whistleblowers, |
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20 | 20 | | so-called. The Judiciary. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 1802 OF 2021-2022.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Third General Court |
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26 | 26 | | (2023-2024) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to the reporting of certain violations. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 Section 25 of chapter 23 of the General Laws, as appearing in the 2020 Official Edition, |
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32 | 32 | | 2is hereby amended by inserting the following subsection:— |
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33 | 33 | | 3 (e) An individual who reports a suspected violation of sections 20 through 23 of chapter |
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34 | 34 | | 440B, chapter 40R, section 2 of chapter 62B, sections 26 and 27, and 148 and 148C of chapter |
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35 | 35 | | 5149, sections 13 and 14 of chapter 151A, section 25A of chapter 152, or section 18 of chapter |
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36 | 36 | | 6159, to the council or any other authority charged with enforcement, which substantially |
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37 | 37 | | 7contributes to the prosecution of a violation thereof, shall receive 10 per cent of the proceeds |
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38 | 38 | | 8recovered and collected in the action or in settlement of the claim; provided further, that nothing |
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39 | 39 | | 9in this subsection shall reduce an award of wages owed to an employee pursuant to section 148 |
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40 | 40 | | 10of chapter 149. Neither the council nor any enforcement agency shall disclose any information, 2 of 2 |
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41 | 41 | | 11including information provided by a whistleblower, which could reasonably be expected to |
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42 | 42 | | 12reveal the identity of a whistleblower, unless and until required to be disclosed to a defendant or |
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43 | 43 | | 13respondent in connection with a public proceeding. |
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44 | 44 | | 14 No employee shall be penalized by an employer in any way as a result of any action on |
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45 | 45 | | 15the part of an employee to seek his or her rights or reporting a violation under this section. Any |
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46 | 46 | | 16employer who discharges or in any other manner discriminates against any employee because |
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47 | 47 | | 17such employee has made a complaint to the attorney general or any other person, or assists the |
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48 | 48 | | 18attorney general in any investigation under this chapter, or has instituted, or caused to be |
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49 | 49 | | 19instituted any proceeding under or related to this section, or has testified or is about to testify in |
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50 | 50 | | 20any such proceedings, shall have violated this section and shall be punished or shall be subject to |
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51 | 51 | | 21a civil citation of order as provided in section 27C or Chapter 149. |
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