Massachusetts House Bill H1855

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Relative to protecting wages of deceased employees

Impact

This legislative change aims to simplify the process by which families can claim wages owed to deceased loved ones, thereby relieving them of the potentially cumbersome and lengthy probate process. The bill specifies a clear hierarchy for payment, prioritizing surviving spouses, adult children, and other relatives, ensuring that families receive necessary funds without unnecessary delays during a time of grief. Furthermore, employers are granted protection from liability by the bill, as payments made per the new provisions will constitute a full discharge of their wage obligations.

Summary

House Bill 1855, introduced by Representative Josh S. Cutler, addresses the payment of wages owed to deceased employees. The bill amends Section 178A of Chapter 149 of the General Laws of Massachusetts to allow for the disbursement of wages due at the time of an employee's death without requiring formal probate proceedings. Instead of needing letters testamentary or of administration, the bill permits payment to specific relatives or individuals who can demonstrate a relationship to the deceased or have covered funeral expenses, in a stipulated order of preference.

Contention

Notable points of contention may center around the balance between simplifying access to wages and ensuring safeguards against fraud. The requirement for a sworn affidavit and supporting documentation may raise questions about privacy and the potential for misuse. Critics could argue that while the intent is to ease family burdens, there may be individuals who exploit the system, leading to improper payments. Overall, the bill represents a significant shift in policy aimed at recognizing the urgency and immediate emotional aspects of bereavement in regard to financial matters.