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HOUSE DOCKET, NO. 2895 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1868
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Daniel M. Donahue
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to prevent wage theft, promote employer accountability, and enhance public
enforcement.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel M. Donahue16th Worcester1/18/2023James C. Arena-DeRosa8th Middlesex1/24/2023Adam Scanlon14th Bristol1/24/2023Sal N. DiDomenicoMiddlesex and Suffolk1/31/2023Steven Ultrino33rd Middlesex1/31/2023Susannah M. Whipps2nd Franklin1/31/2023David Henry Argosky LeBoeuf17th Worcester1/31/2023Lindsay N. Sabadosa1st Hampshire1/31/2023Peter Capano11th Essex1/31/2023Jessica Ann Giannino16th Suffolk1/31/2023Brian W. Murray10th Worcester1/31/2023Jack Patrick Lewis7th Middlesex1/31/2023Christopher Hendricks11th Bristol1/31/2023Michael D. BradySecond Plymouth and Norfolk1/31/2023Ryan M. Hamilton15th Essex1/31/2023Vanna Howard17th Middlesex1/31/2023Danielle W. Gregoire4th Middlesex2/7/2023 2 of 3
Michael J. BarrettThird Middlesex2/7/2023William C. Galvin6th Norfolk2/7/2023Paul McMurtry11th Norfolk2/7/2023Patricia A. Duffy5th Hampden2/7/2023Tackey Chan2nd Norfolk2/7/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/7/2023Antonio F. D. Cabral13th Bristol2/7/2023Carol A. Doherty3rd Bristol2/7/2023Daniel Cahill10th Essex2/7/2023Adrian C. Madaro1st Suffolk2/7/2023William M. Straus10th Bristol2/7/2023Jon Santiago9th Suffolk2/7/2023Steven Owens29th Middlesex2/7/2023Christopher M. Markey9th Bristol2/7/2023Alan Silvia7th Bristol2/7/2023David Paul Linsky5th Middlesex2/7/2023Carole A. Fiola6th Bristol2/7/2023Marc R. PachecoThird Bristol and Plymouth2/9/2023Christopher J. Worrell5th Suffolk2/9/2023James K. Hawkins2nd Bristol2/9/2023Samantha Montaño15th Suffolk2/9/2023Rodney M. Elliott16th Middlesex2/9/2023Patricia A. Haddad5th Bristol2/9/2023Thomas M. Stanley9th Middlesex2/9/2023Christine P. Barber34th Middlesex2/10/2023James J. O'Day14th Worcester2/10/2023Mindy Domb3rd Hampshire2/10/2023Colleen M. Garry36th Middlesex2/13/2023Margaret R. Scarsdale1st Middlesex2/17/2023Mathew J. Muratore1st Plymouth2/17/2023Michelle M. DuBois10th Plymouth2/17/2023Edward R. Philips8th Norfolk2/17/2023Kate Donaghue19th Worcester2/17/2023Rob Consalvo14th Suffolk2/17/2023John Barrett, III1st Berkshire2/17/2023Angelo J. Puppolo, Jr.12th Hampden2/17/2023Carlos González10th Hampden2/17/2023Natalie M. Blais1st Franklin2/28/2023James B. EldridgeMiddlesex and Worcester2/28/2023 3 of 3
Erika Uyterhoeven27th Middlesex2/28/2023Kate Lipper-Garabedian32nd Middlesex2/28/2023Daniel R. Carey2nd Hampshire2/28/2023Christopher Richard Flanagan1st Barnstable2/28/2023David Biele4th Suffolk2/28/2023Natalie M. Higgins4th Worcester2/28/2023Danillo A. Sena37th Middlesex2/28/2023Michael P. Kushmerek3rd Worcester2/28/2023 1 of 19
HOUSE DOCKET, NO. 2895 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1868
By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 1868) of
Daniel M. Donahue and others for legislation to prevent wage theft, promote employer
accountability, and enhance public enforcement. Labor and Workforce Development.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to prevent wage theft, promote employer accountability, and enhance public
enforcement.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 27C of chapter 149 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by inserting after the words “subsection (a)”, in line 58, the
3following words:- or section 100, 148E or 150C.
4 SECTION 2. Said section 27C of said chapter 149, as so appearing, is hereby further
5amended by striking out, in line 159, the words “Civil and criminal” and inserting in place
6thereof the following word:- Criminal.
7 SECTION 3. Said section 27C of said chapter 149, as so appearing, is hereby further
8amended by adding the following subsection:
9 (d) As a further alternative to initiating criminal proceedings pursuant to subsection (a) or
10civil proceedings pursuant to subsection (b), the attorney general may file a civil action for
11injunctive relief, for any damages incurred, and for any lost wages and other benefits on behalf 2 of 19
12of a worker or multiple, similarly situated workers. If the attorney general prevails in such an
13action, the worker or workers on whose behalf the attorney general brought the civil action shall
14be awarded treble damages, as liquidated damages, for any lost wages and other benefits, and the
15attorney general shall also be awarded court costs and reasonable attorneys’ fees.
16 SECTION 4. Said chapter 149 of the General Laws, as so appearing, is hereby amended
17by striking out section 148A and inserting in place thereof the following section:-
18 Section 148A. (a) Any person or entity, including an employer or its agent, who in any
19manner discriminates or takes adverse action, or threatens to discriminate or take adverse action,
20against any person because that person has opposed a violation of this chapter, complained to the
21attorney general or to any other person of a violation of this chapter, assisted any other person in
22exercising rights under this chapter, informed any other person of rights under this chapter, or
23instituted, assisted in, or testified in any investigation or proceedings under or related to this
24chapter, or because of a belief that the person may in the future engage in any such actions, shall
25have violated this section and shall be punished or subject to civil proceedings as provided in
26subsection (b) or subsection (d) of section 27C, or section 150, and shall recover actual damages,
27compensatory damages, punitive damages, injunctive relief or any other appropriate relief.
28 (b) There shall be a rebuttable presumption of a violation of this section if a person or
29entity discriminates or takes adverse action, or threatens to discriminate or take adverse action,
30against any person within 90 days of that person’s exercise of rights under this chapter, including
31activity protected by this section. This presumption may be rebutted by clear and convincing
32evidence that the action was taken for a permissible purpose and that it would have been taken in
33the absence of the protected activity. 3 of 19
34 SECTION 5. Chapter 149 of the General Laws is hereby amended by inserting after
35section 148D the following 2 sections:
36 Section 148E. (a) As used in this section and sections 148F and 148G, inclusive, the
37following words shall have the following meanings unless the context clearly indicates
38otherwise:
39 “Labor contractor”, a person or entity that obtains, engages or provides 1 or more
40individuals to perform labor or services, with or without a written contract, directly or indirectly,
41to a lead contractor or from a labor subcontractor.
42 “Labor subcontractor”, a person or entity that engages or provides 1 or more individuals
43to perform labor or services, with or without a written contract, directly or indirectly, to a labor
44contractor.
45 “Lead contractor”, a person or entity that obtains, engages or is provided with 1 or more
46individuals, directly from a labor contractor or indirectly from a labor subcontractor, to perform
47labor or services that has a significant nexus with the lead contractor’s business activities,
48operations or purposes.
49 “Notice”, a written communication mailed, postage prepaid, or hand delivered to the lead
50contractor’s place of business, registered agent, officer, director, worksite manager or a
51supervisor, or any other individual identified by the lead contractor as its representative. Notice
52shall include, if known and available, the name of the employer, the amount of the claim or an
53explanation of any data needed to calculate the amount of the claim and the dates that the
54claimant worked. 4 of 19
55 “Owner”, a person or entity with an ownership interest that contracts for labor or services
56outside of its usual course of business.
57 “Successor entity”, a person or entity that (i) has 1 or more of the same principals,
58trustees or officers as the person or entity subject to liability; and (ii) is engaged in the same or
59equivalent trade or activity. A successor entity shall not include an individual transferring jobs in
60the same or equivalent trade or field.
61 “Wage theft”, a violation of sections 27, 27F, 27G or 27H of chapter 149, the first and
62third sentences and the fourth paragraph of section 148 of chapter 149, wage theft violations as
63otherwise defined by this paragraph in section 148B of chapter 149, the fourth sentence of
64section 150 of chapter 149, section 152A of chapter 149, subsections (c) or (d) of section 159C
65of chapter 149, or sections 1, 1A, 2A or 7 of chapter 151.
66 (b) An employer, except a staffing agency as defined by section 159C that is licensed or
67registered pursuant to sections 46A to 46R, inclusive, of chapter 140, shall provide each worker,
68not later than 10 days after the commencement of employment, with written notice in the
69language the employer normally uses to communicate employment-related information to the
70worker, of the following information: (i) the rate or rates of pay and the basis for those rates,
71whether paid by the hour, shift, day, week, salary, piece, commission or otherwise, including
72methods of calculation for overtime, if applicable; (ii) allowances, if any, claimed as part of the
73minimum wage, including meal, tip or lodging allowances; (iii) the regular pay day designated
74by the employer; (iv) the name of the employer, including any “doing business as” names used
75by the employer; (v) the physical address of the employer’s main office or principal place of
76business and mailing address, if different; (vi) the telephone number of the employer; and (vii) 5 of 19
77the name, address, and telephone number of the employer’s workers’ compensation insurance
78carrier.
79 (c) (1) A lead contractor shall be subject to joint and several civil liability with a labor
80contractor and a labor subcontractor for wage theft, including treble damages and attorney’s fees
81as identified in Section 150, provided that written notice of the alleged violation to be raised in
82that action is provided to the lead contractor, labor contractor and labor subcontractor, if
83applicable, not more than 45 days from the last occurrence of the alleged wage theft.
84 (2) A labor contractor shall be subject to joint and several liability with a labor
85subcontractor with whom the labor contractor has privity of contract, or implied contract, for
86wage theft, including treble damages and attorney’s fees as identified in Section 150, provided
87that written notice of the alleged violation to be raised in that action is provided to the labor
88contractor and labor subcontractor not more than 45 days from the last occurrence of the alleged
89wage theft.
90 (3) A lead contractor’s joint and several liability shall be limited to 120 consecutive days
91of any alleged wage theft, counting back the 120 days from the day of the last violation prior to
92the notice. This 120-day damages limitation period shall not impact other wage violation
93remedies available to a claimant.
94 (4) Notice of wage theft violations may be provided by a worker or any other designated
95person on behalf of similarly situated workers. Any person or entity having a contract with such
96lead contractor who receives notice shall deliver copies of it forthwith to the lead contractor and
97either the labor contractor or labor subcontractor that is alleged to have committed wage theft. 6 of 19
98 (5) A successor entity to any lead contractor, labor contractor or labor subcontractor
99subject to liability under this section shall also be liable under this section.
100 (6) An owner shall not be subject to liability under subsection (c) unless the owner is a
101lead contractor, labor contractor or labor subcontractor. Subsection (c) shall not impose
102individual liability on a homeowner for the labor or services received at the homeowner’s place
103of residence or the owner of a home-based business for labor or services received at the
104homeowner’s place of business.
105 (7) A written offer and payment in full of all such wages allegedly owed during the 45-
106day period after a receipt of the notice by a lead contractor, labor contractor or labor
107subcontractor shall extinguish a lead contractor’s liability for damages under this section.
108 (8) If a good faith settlement denial or a partial payment is issued for an alleged wage
109theft violation within a 45-day period, a lead contractor or a labor contractor shall not be subject
110to joint and several liability, treble damages or attorney’s fees as identified in section 150, and in
111support of its contention that it responded in good faith, it may offer evidence that it conducted a
112timely and thorough investigation, as determined by a court of competent jurisdiction, of a labor
113contractor or a labor subcontractor’s violation with no finding of fault as an affirmative defense.
114Such an investigation would require: i) an acknowledgement and reasonably prompt action upon
115receiving notice; ii) adopting and implementing reasonable standards for the prompt
116investigation; iii) conducting a reasonable investigation based upon all available information; iv)
117issuing prompt, fair and equitable settlement of wage theft violation claims in which liability has
118become reasonably clear; and v) provided the claimant or its designee is provided with a record
119of the investigation and the results of the investigation. 7 of 19
120 (d) For purposes of this section, a labor contractor or a labor subcontractor shall
121indemnify a lead contractor for any wages, damages, interest, penalties or attorneys’ fees owed
122or incurred by the lead contractor as a result of the labor contractor or labor subcontractor’s wage
123theft. For purposes of this section, a labor subcontractor shall indemnify a labor contractor for
124any wages, damages, interest, penalties or attorneys’ fees owed by the labor contractor as a result
125of the labor subcontractor’s wage theft.
126 (e) When a lead contractor receives written notice that a labor contractor or labor
127subcontractor has allegedly failed to pay wages to a person or persons performing labor for the
128lead contractor, the lead contractor may do one or both of the following: (i) provide the unpaid
129wages directly to the person or persons performing labor for the lead contractor; or (ii) withhold
130or cause to be withheld from any payment due to the labor contractor or labor subcontractor the
131amount sufficient to satisfy the unpaid wages.
132 (f) When an individual applies for unemployment benefits pursuant to chapter 151A, and
133wage theft occurred during the base period as determined based on credible evidence, the
134individual’s unemployment benefits shall be calculated as if wages had been timely and lawfully
135paid.
136 (g) The attorney general shall enforce this section and may obtain injunctive or
137declaratory relief. Violation of this section shall be subject to paragraphs (1), (2), (4) and (7) of
138subsection (b) of section 27C, and subsection (d) of section 27C, except in cases where the lead
139contractor, labor contractor or labor subcontractor provides payment in full during the 45-day
140notice period for any wages allegedly owed, as described in subsection (c). 8 of 19
141 (h) No person or entity shall by contract or any other means be exempted from
142subsections (a), (b), (c), (e), (f), (g), or (h), or from section 148F. Nothing in this chapter shall
143limit the availability of other remedies at law or equity.
144 (i) The attorney general may promulgate regulations to implement this section.
145 (j) A lead contractor, labor contractor or labor subcontractor shall not be subject to joint
146and several liability for non-payment of retirement and health and welfare benefits to an
147employee benefits fund that has its own collection procedures for delinquent employer
148remittance as prescribed in a collectively bargained agreement pursuant to the Taft Hartley Act.
149This shall apply to section 27 and section 150C of chapter 149.
150 Section 148F. (a) The attorney general may investigate a claim of wage theft. Upon
151finding that any person or entity has engaged in a wage theft violation, the attorney general may
152issue a stop work order to an employer, requiring the cessation of all business operations of the
153violating person or entity as to the specific place of business and employment for which the
154violation exists. Said notice shall also be issued to the officer or agent of the employer and the
155lead contractor, if any.
156 Not less than 5 days before the commencement of a stop work order under this section,
157the attorney general shall notify the violating person or entity and the lead contractor, if any, of
158the intended action and give the person or entity an opportunity to confer with the attorney
159general in person or through counsel or other representative as to the proposed action. Notice
160shall be given to the person or entity by mail, postage prepaid, to the usual place of business or,
161if there is no usual place of business, to the last known address. 9 of 19
162 The stop work order may be issued only against the person or entity that has engaged in a
163wage theft violation and only as to the specific place of business or employment for which the
164violation exists. The stop work order shall be effective 48 hours after it is served unless a timely
165appeal request is filed pursuant to subsection (b). A stop work order shall be served in hand or at
166a place of business, employment or job site by posting a copy of the stop work order in a
167conspicuous location. A stop work order shall be released by the attorney general upon a finding
168that the violation has been corrected.
169 (b) A person or entity aggrieved by the imposition of a stop work order shall have 10
170days from the date of its service to make a request for a hearing. A person or entity that timely
171files such an appeal shall be granted a hearing in accordance with chapter 30A not later than 21
172days after receipt of the appeal. The stop work order shall not be in effect during the pendency of
173a timely filed appeal.
174 (c) A stop work order imposed against a person or entity shall be effective against any
175successor entity as defined by section 148E.
176 (d) An employee affected by a stop work order pursuant to this section shall be paid their
177regular rate for the period the stop work order is in place or the first 10 days the employee would
178have been scheduled to work if the stop work order had not been issued, whichever is less, by the
179person or entity that was served the stop work order. Time lost by an employee affected by a stop
180work order pursuant to this section, not exceeding 10 days, shall be considered time worked
181under chapters 149 and 151. Subsection (c) of section 148E shall not apply to wages due and
182payable under this subsection.
183 (e) The attorney general may promulgate regulations to implement this section. 10 of 19
184 SECTION 6. Chapter 149 of the General Laws is hereby amended by inserting after
185section 148F the following section:-
186 Section 148G. (a) For purposes of this section, the following terms shall have the
187following meanings:
188 (1) “Aggrieved person”, any employee or former employee, or person providing services
189for remuneration to another against whom one or more of the alleged violations was committed
190by the alleged violator, whether or not employed by the violator at the time an action is filed,
191including any person who is not classified by an employer as an employee but who claims to be
192an employee and whose claims against the purported employer relate to such alleged
193misclassification.
194 (2) “Public enforcement action”, a civil action brought by a relator under this section to
195enforce protections enforceable by the attorney general.
196 (3) “Relator”, a whistleblower that acts as a plaintiff in a public enforcement action under
197this section.
198 (4) “Whistleblower”, an aggrieved person or any current or former employee, contractor,
199subcontractor, employee of a lead contractor, labor contractor or labor subcontractor of the
200defendant, vendor, or client with knowledge of the alleged violations that is independent of and
201materially adds to any publicly disclosed information about the alleged violations.
202 (b) (1) A relator, on behalf of the attorney general and with the consent of the aggrieved
203person or persons, may initiate a public enforcement action pursuant to the procedures and
204subject to the limitations specified in subsection (e) of this section. Such action may be brought 11 of 19
205in any court of competent jurisdiction. Such an action may allege multiple violations that have
206affected different parties aggrieved by the same defendant.
207 (2) For purposes of public enforcement actions brought pursuant to this section,
208whenever the attorney general is authorized to assess or seek civil remedies, including penalties,
209equitable and declaratory relief, and other civil relief, for a violation of wage theft, as defined by
210section 148E of this chapter, a court is hereby authorized to assess the same civil remedies.
211 (3) When a civil remedy is recovered pursuant to decision or settlement in any public
212enforcement action, the relator shall be awarded reasonable attorneys’ fees and costs.
213 (4) Nothing in this section shall operate to limit an aggrieved party’s right to pursue a
214private action based on the same violation or injury.
215 (5) Nothing in this section shall operate to limit the attorney general’s right to seek
216restitution and damages, where available, for aggrieved parties as part of a public enforcement
217action in which it has intervened.
218 (6) Civil penalties or fines recovered in a public enforcement action or settlement of a
219proposed action shall be distributed as follows:
220 (i) one third to the aggrieved person;
221 (ii) one third to the Community Outreach and Labor Education Fund established in
222subsection (f) of this section; and
223 (iii) one third to the attorney general. 12 of 19
224 Any funding received by the attorney general under this section shall be continuously
225appropriated to supplement, and not supplant, other funding for those purposes.
226 (7) The right to bring a public enforcement action under this section shall not be impaired
227by any special contract.
228 (8) Notwithstanding any other provision of law, a public enforcement action authorized
229by this section shall be commenced within the same period of time that the attorney general has
230to take enforcement action under section 150 of this chapter or section 20A of chapter 151. The
231statute of limitations for bringing a public enforcement action under this section shall be tolled
232from the date that a relator files a notice pursuant to subsection (e) of this section with the
233attorney general, or the date that the attorney general commences an investigation, whichever is
234earlier.
235 (c) (1) Notwithstanding the provisions of subsection (b) of this section, no public
236enforcement action may be brought by a relator:
237 (i) If the attorney general, on the same facts and theories, cites a person or entity within
238the time periods set forth in subsection (e) of this section for a violation of the same section or
239sections of the General Laws under which such relator is attempting to recover a civil penalty or
240other remedy on behalf of aggrieved employees or others, or files a proceeding to assess
241penalties or to enforce other remedies available to the attorney general, provided that the attorney
242general provides notice to the relator pursuant to subsection (e) of this section. Public
243enforcement actions belong to the attorney general and preclude subsequent attorney general
244enforcement efforts based on the same facts and law, whether brought by the attorney general or
245by a relator under this section. However, nothing in this section shall operate to limit the attorney 13 of 19
246general’s right to seek additional civil remedies for aggrieved parties as part of a public
247enforcement action in which it has intervened; or
248 (ii) For any violation of a posting, notice, agency reporting, or filing requirement, except
249where the filing or reporting requirement involves mandatory payroll reporting.
250 (2) The attorney general shall establish a publicly available online database of public
251enforcement actions brought pursuant to this section, which may include the names of the
252parties, the date filed, the disposition, and any other information that the attorney general shall by
253regulation prescribe.
254 (d) (1) No one shall retaliate or take adverse action in any manner against an aggrieved
255person or whistleblower, or threaten to retaliate or take adverse action, because:
256 (i) the aggrieved person or whistleblower has brought a public enforcement action;
257 (ii) the aggrieved person or whistleblower has cooperated with a relator in a public
258enforcement action or the attorney general in investigating, prosecuting, or intervening in a
259public enforcement action; or
260 (iii) it is anticipated that the aggrieved person or whistleblower may bring a public
261enforcement action or cooperate with one.
262 (2) Any person aggrieved by a violation of this subsection may enforce it as provided by
263section 27C or section 150 of this chapter, or as provided by section 19 of chapter 151.
264 (e) (1) No public enforcement action pursuant to this section may be commenced prior to
26560 days after written notice of the claim has been filed by the relator with the attorney general. 14 of 19
266 (2) The relator shall submit a filing fee of no less than 75 dollars with each filing of
267notice, subject to any waiver, in accordance with regulations promulgated by the attorney
268general. Notice and submission of the filing fee shall toll the statute of limitations on the
269enforcement action for which notice has been provided.
270 (3) The attorney general shall establish an online portal to provide for efficient electronic
271filing of the notice.
272 (4) The notice shall include:
273 (i) The name, address, and contact information of the alleged violator;
274 (ii) The name and contact information of the relator;
275 (iii) The name, address, and contact information of the relator’s legal counsel, should one
276exist; and
277 (iv) A concise statement of the underlying claim reasonably calculated to apprise the
278attorney general of the substance and nature of the claim.
279 (5) The attorney general shall, by regulation, provide for the right of a relator to furnish
280an amended notice, if the attorney general determines that the relator’s original notice pursuant
281to paragraph (1) of this subsection was not in compliance with this section or the regulations
282issued thereunder. Such determination by the attorney general shall identify with particularity
283the deficiencies in the original notice. The relator shall have 30 days from receiving the
284determination of the attorney general of noncompliance with this section to amend the notice.
285The amended notice will relate back to the original notice. 15 of 19
286 (6) If the attorney general intends to investigate the alleged violation, it shall notify the
287relator of its decision within 30 days of the date of the notice received pursuant to paragraph (1)
288of this subsection. Within 120 days of that decision, the attorney general may investigate the
289alleged violation and issue any appropriate citation. If the attorney general, during the course of
290its investigation, determines that additional time is necessary to complete the investigation, it
291may extend the time by not more than 60 additional days and shall issue a notice of the
292extension. If the attorney general determines that a citation will not be issued, it shall notify the
293relator of that decision within five business days.
294 (7) If, within 30 days, the attorney general notifies the relator that it does not intend to
295investigate the alleged violation, the relator may bring a public enforcement action. If, upon an
296investigation, the attorney general determines that no citation will be issued, it may authorize the
297relator to commence a public enforcement action.
298 (8) If more than one relator files a public enforcement action on the same facts or
299allegations as another relator, the actions may be consolidated under Rule 42 of the
300Massachusetts Rules of Civil Procedure.
301 (9) If the attorney general does not object to the filing of a public enforcement action
302pursuant to this section, but objects to the attorney general being represented by a particular
303attorney proposed by the relator, the attorney general may, within the time limits set forth in
304paragraph (6) of this subsection, put the relator on notice of the attorney general’s objection. The
305attorney general will establish regulations for notice and a hearing, for purposes of reviewing the
306attorney general’s objection to counsel. Upon finding, after notice and hearing, that, based on
307the attorney’s past conduct while representing a client or clients, the attorney does not meet the 16 of 19
308required professional standards of representatives, or, alternatively, if the attorney fails to
309zealously pursue the remedies available under this section, the attorney general may order that
310the public enforcement shall not be filed by the particular attorney on behalf of the relator.
311 (10) The attorney general may intervene in a public enforcement action and proceed with
312any and all claims in the action:
313 (i) As of right within 30 days after the filing of the action; or
314 (ii) For good cause shown, as determined by the court, after the expiration of the 30-day
315period after the filing of the action.
316 (11) If the attorney general intervenes in an action it shall have primary responsibility for
317prosecuting the action and shall not be bound by an act of the relator bringing the action. In such
318cases, the relator shall remain a party to the action. The attorney general may move to dismiss or
319settle the action after the relator has been notified of the filing of the motion and has been
320provided with an opportunity to be heard, and the court determines that such dismissal or
321settlement is fair, adequate, reasonable, and in the public interest. Any disposition by the
322attorney general shall provide compensation for reasonable attorneys’ fees and costs expended
323on behalf of the relator in instituting the action.
324 (12) If the attorney general does not intervene in the action, the relator shall have the
325right to conduct such an action subject to the following limitations:
326 (i) The court shall review and approve any settlement of any action filed pursuant to this
327section. The proposed settlement shall be submitted to the attorney general concurrent with
328submission to the court. The court shall approve a settlement of the action only upon a 17 of 19
329determination that such settlement or voluntary dismissal is fair, adequate, reasonable, and in the
330public interest.
331 (ii) If the attorney general so requests, it shall be served with copies of all pleadings filed
332in the action and shall be supplied with copies of all deposition transcripts. The attorney general
333shall bear any costs associated with service of such pleadings and depositions.
334 (13) No public enforcement action brought pursuant to this section shall be subject to the
335requirements of Rule 23 of the Massachusetts Rules of Civil Procedure.
336 (14) A relator is not allowed to act on behalf of the attorney general in any other manner
337or capacity except as stated in this section. The ability to bring a public enforcement action shall
338not include investigatory actions or stop work orders on behalf of the Attorney General’s office.
339 (f) (1) There shall be established a fund known as the Community Outreach and Labor
340Education Fund, separate and distinct from the General Fund. Interest earned by the Community
341Outreach and Labor Education Fund shall be credited to the same Fund. All moneys in the
342Community Outreach and Labor Education Fund shall be continuously appropriated for the
343purpose of awarding grants as provided in paragraph (2) of this subsection. The treasurer of the
344commonwealth shall credit such funds recovered under subsection (b)(6) of this section
345attributed to the Community Outreach and Labor Education Fund to this fund.
346 (2) Moneys in the Community Outreach and Labor Fund shall be granted from time to
347time by the attorney general to organizations that are tax-exempt under subsection (c)(3), (c)(4)
348or (c)(5) of the federal Internal Revenue Code, 26 U.S. C. section 501, for purposes of funding
349outreach, education and technical assistance to Massachusetts workers pertaining to workplace
350rights. The Attorney General shall promulgate regulations relative to further distribution and 18 of 19
351disbursal of recoveries. Any funding received from the attorney general under this section shall
352be continuously appropriated to supplement, and not supplant, other funding for those purposes.
353Amounts remaining in the fund at the end of a fiscal year shall not revert to the General Fund but
354shall be available for expenditure in the subsequent year and shall not be subject to section 5C of
355chapter 29.
356 (3) Grants provided from the Community Outreach and Labor Education Fund shall be
357used for activities to assist workers in enforcing employment rights, including but not limited to
358outreach, community-based education events, training materials, technical assistance,
359counseling, research and referral services.
360 (g) This section shall be liberally construed in light of its remedial purposes to expand the
361enforcement of statutes protecting workers in the commonwealth.
362 SECTION 7. Section 150 of said chapter 149, as so appearing, is hereby amended by
363inserting, in line 22, after the word “148C” the following word:- , 148E.
364 SECTION 8. Section 150C of said chapter 149, as so appearing, is hereby amended by
365striking out, in line 9, the words “one thousand dollars,” and inserting in place thereof the
366following words:- $1,000 or shall be subject to a civil citation or order as provided in subsection
367(b) of section 27C.
368 SECTION 9. Said section 150C of said chapter 149, as so appearing, is hereby further
369amended by adding the following sentence:- The president and treasurer of a corporation and any
370officers or agents having the management of such corporation and who have knowledge or
371should have had knowledge of general operations shall be considered the employers of the
372employees of the corporation for the purposes of this section. 19 of 19
373 SECTION 10. Section 19 of chapter 151 of the General Laws, as so appearing, is hereby
374amended by striking out subsection (1) and inserting in place thereof the following subsection:-
375 (1) (a) Any person or entity, including an employer or its agent, who in any manner
376discriminates or takes adverse action, or threatens to discriminate or take adverse action, against
377any person because that person has opposed a violation of this chapter, complained to the
378attorney general or to any other person of a violation of this chapter, assisted any other person in
379exercising rights under this chapter, informed any other person of rights under this chapter, or
380instituted, assisted in, or testified in any investigation or proceedings under or related to this
381chapter, or because of a belief that the person may in the future engage in any such actions, shall
382have violated this section and shall be punished or subject to civil proceedings as provided in
383subsection (b) or subsection (d) of section 27C, or section 150, and shall recover actual damages,
384compensatory damages, punitive damages, injunctive relief or any other appropriate relief.
385 (b) There shall be a rebuttable presumption of a violation of this subsection if a person or
386entity discriminates or takes adverse action, or threatens to discriminate or take adverse action,
387against any person within 90 days of that person’s exercise of rights under this chapter, including
388activity protected by this subsection. This presumption may be rebutted by clear and convincing
389evidence that the action was taken for a permissible purpose and that it would have been taken in
390the absence of the protected activity.