Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1868 Compare Versions

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2	2	HOUSE DOCKET, NO. 2895 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1868
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Daniel M. Donahue
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to prevent wage theft, promote employer accountability, and enhance public
13	13	enforcement.
14	14	_______________
15	15	PETITION OF:
16	16	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
17	17	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
18	18	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
19	19	HOUSE DOCKET, NO. 2895 FILED ON: 1/19/2023
20	20	HOUSE . . . . . . . . . . . . . . . No. 1868
21	21	By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 1868) of
22	22	Daniel M. Donahue and others for legislation to prevent wage theft, promote employer
23	23	accountability, and enhance public enforcement. Labor and Workforce Development.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act to prevent wage theft, promote employer accountability, and enhance public
30	30	enforcement.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 27C of chapter 149 of the General Laws, as appearing in the 2020
34	34	2Official Edition, is hereby amended by inserting after the words “subsection (a)”, in line 58, the
35	35	3following words:- or section 100, 148E or 150C.
36	36	4 SECTION 2. Said section 27C of said chapter 149, as so appearing, is hereby further
37	37	5amended by striking out, in line 159, the words “Civil and criminal” and inserting in place
38	38	6thereof the following word:- Criminal.
39	39	7 SECTION 3. Said section 27C of said chapter 149, as so appearing, is hereby further
40	40	8amended by adding the following subsection:
41	41	9 (d) As a further alternative to initiating criminal proceedings pursuant to subsection (a) or
42	42	10civil proceedings pursuant to subsection (b), the attorney general may file a civil action for
43	43	11injunctive relief, for any damages incurred, and for any lost wages and other benefits on behalf 2 of 19
44	44	12of a worker or multiple, similarly situated workers. If the attorney general prevails in such an
45	45	13action, the worker or workers on whose behalf the attorney general brought the civil action shall
46	46	14be awarded treble damages, as liquidated damages, for any lost wages and other benefits, and the
47	47	15attorney general shall also be awarded court costs and reasonable attorneys’ fees.
48	48	16 SECTION 4. Said chapter 149 of the General Laws, as so appearing, is hereby amended
49	49	17by striking out section 148A and inserting in place thereof the following section:-
50	50	18 Section 148A. (a) Any person or entity, including an employer or its agent, who in any
51	51	19manner discriminates or takes adverse action, or threatens to discriminate or take adverse action,
52	52	20against any person because that person has opposed a violation of this chapter, complained to the
53	53	21attorney general or to any other person of a violation of this chapter, assisted any other person in
54	54	22exercising rights under this chapter, informed any other person of rights under this chapter, or
55	55	23instituted, assisted in, or testified in any investigation or proceedings under or related to this
56	56	24chapter, or because of a belief that the person may in the future engage in any such actions, shall
57	57	25have violated this section and shall be punished or subject to civil proceedings as provided in
58	58	26subsection (b) or subsection (d) of section 27C, or section 150, and shall recover actual damages,
59	59	27compensatory damages, punitive damages, injunctive relief or any other appropriate relief.
60	60	28 (b) There shall be a rebuttable presumption of a violation of this section if a person or
61	61	29entity discriminates or takes adverse action, or threatens to discriminate or take adverse action,
62	62	30against any person within 90 days of that person’s exercise of rights under this chapter, including
63	63	31activity protected by this section. This presumption may be rebutted by clear and convincing
64	64	32evidence that the action was taken for a permissible purpose and that it would have been taken in
65	65	33the absence of the protected activity. 3 of 19
66	66	34 SECTION 5. Chapter 149 of the General Laws is hereby amended by inserting after
67	67	35section 148D the following 2 sections:
68	68	36 Section 148E. (a) As used in this section and sections 148F and 148G, inclusive, the
69	69	37following words shall have the following meanings unless the context clearly indicates
70	70	38otherwise:
71	71	39 “Labor contractor”, a person or entity that obtains, engages or provides 1 or more
72	72	40individuals to perform labor or services, with or without a written contract, directly or indirectly,
73	73	41to a lead contractor or from a labor subcontractor.
74	74	42 “Labor subcontractor”, a person or entity that engages or provides 1 or more individuals
75	75	43to perform labor or services, with or without a written contract, directly or indirectly, to a labor
76	76	44contractor.
77	77	45 “Lead contractor”, a person or entity that obtains, engages or is provided with 1 or more
78	78	46individuals, directly from a labor contractor or indirectly from a labor subcontractor, to perform
79	79	47labor or services that has a significant nexus with the lead contractor’s business activities,
80	80	48operations or purposes.
81	81	49 “Notice”, a written communication mailed, postage prepaid, or hand delivered to the lead
82	82	50contractor’s place of business, registered agent, officer, director, worksite manager or a
83	83	51supervisor, or any other individual identified by the lead contractor as its representative. Notice
84	84	52shall include, if known and available, the name of the employer, the amount of the claim or an
85	85	53explanation of any data needed to calculate the amount of the claim and the dates that the
86	86	54claimant worked. 4 of 19
87	87	55 “Owner”, a person or entity with an ownership interest that contracts for labor or services
88	88	56outside of its usual course of business.
89	89	57 “Successor entity”, a person or entity that (i) has 1 or more of the same principals,
90	90	58trustees or officers as the person or entity subject to liability; and (ii) is engaged in the same or
91	91	59equivalent trade or activity. A successor entity shall not include an individual transferring jobs in
92	92	60the same or equivalent trade or field.
93	93	61 “Wage theft”, a violation of sections 27, 27F, 27G or 27H of chapter 149, the first and
94	94	62third sentences and the fourth paragraph of section 148 of chapter 149, wage theft violations as
95	95	63otherwise defined by this paragraph in section 148B of chapter 149, the fourth sentence of
96	96	64section 150 of chapter 149, section 152A of chapter 149, subsections (c) or (d) of section 159C
97	97	65of chapter 149, or sections 1, 1A, 2A or 7 of chapter 151.
98	98	66 (b) An employer, except a staffing agency as defined by section 159C that is licensed or
99	99	67registered pursuant to sections 46A to 46R, inclusive, of chapter 140, shall provide each worker,
100	100	68not later than 10 days after the commencement of employment, with written notice in the
101	101	69language the employer normally uses to communicate employment-related information to the
102	102	70worker, of the following information: (i) the rate or rates of pay and the basis for those rates,
103	103	71whether paid by the hour, shift, day, week, salary, piece, commission or otherwise, including
104	104	72methods of calculation for overtime, if applicable; (ii) allowances, if any, claimed as part of the
105	105	73minimum wage, including meal, tip or lodging allowances; (iii) the regular pay day designated
106	106	74by the employer; (iv) the name of the employer, including any “doing business as” names used
107	107	75by the employer; (v) the physical address of the employer’s main office or principal place of
108	108	76business and mailing address, if different; (vi) the telephone number of the employer; and (vii) 5 of 19
109	109	77the name, address, and telephone number of the employer’s workers’ compensation insurance
110	110	78carrier.
111	111	79 (c) (1) A lead contractor shall be subject to joint and several civil liability with a labor
112	112	80contractor and a labor subcontractor for wage theft, including treble damages and attorney’s fees
113	113	81as identified in Section 150, provided that written notice of the alleged violation to be raised in
114	114	82that action is provided to the lead contractor, labor contractor and labor subcontractor, if
115	115	83applicable, not more than 45 days from the last occurrence of the alleged wage theft.
116	116	84 (2) A labor contractor shall be subject to joint and several liability with a labor
117	117	85subcontractor with whom the labor contractor has privity of contract, or implied contract, for
118	118	86wage theft, including treble damages and attorney’s fees as identified in Section 150, provided
119	119	87that written notice of the alleged violation to be raised in that action is provided to the labor
120	120	88contractor and labor subcontractor not more than 45 days from the last occurrence of the alleged
121	121	89wage theft.
122	122	90 (3) A lead contractor’s joint and several liability shall be limited to 120 consecutive days
123	123	91of any alleged wage theft, counting back the 120 days from the day of the last violation prior to
124	124	92the notice. This 120-day damages limitation period shall not impact other wage violation
125	125	93remedies available to a claimant.
126	126	94 (4) Notice of wage theft violations may be provided by a worker or any other designated
127	127	95person on behalf of similarly situated workers. Any person or entity having a contract with such
128	128	96lead contractor who receives notice shall deliver copies of it forthwith to the lead contractor and
129	129	97either the labor contractor or labor subcontractor that is alleged to have committed wage theft. 6 of 19
130	130	98 (5) A successor entity to any lead contractor, labor contractor or labor subcontractor
131	131	99subject to liability under this section shall also be liable under this section.
132	132	100 (6) An owner shall not be subject to liability under subsection (c) unless the owner is a
133	133	101lead contractor, labor contractor or labor subcontractor. Subsection (c) shall not impose
134	134	102individual liability on a homeowner for the labor or services received at the homeowner’s place
135	135	103of residence or the owner of a home-based business for labor or services received at the
136	136	104homeowner’s place of business.
137	137	105 (7) A written offer and payment in full of all such wages allegedly owed during the 45-
138	138	106day period after a receipt of the notice by a lead contractor, labor contractor or labor
139	139	107subcontractor shall extinguish a lead contractor’s liability for damages under this section.
140	140	108 (8) If a good faith settlement denial or a partial payment is issued for an alleged wage
141	141	109theft violation within a 45-day period, a lead contractor or a labor contractor shall not be subject
142	142	110to joint and several liability, treble damages or attorney’s fees as identified in section 150, and in
143	143	111support of its contention that it responded in good faith, it may offer evidence that it conducted a
144	144	112timely and thorough investigation, as determined by a court of competent jurisdiction, of a labor
145	145	113contractor or a labor subcontractor’s violation with no finding of fault as an affirmative defense.
146	146	114Such an investigation would require: i) an acknowledgement and reasonably prompt action upon
147	147	115receiving notice; ii) adopting and implementing reasonable standards for the prompt
148	148	116investigation; iii) conducting a reasonable investigation based upon all available information; iv)
149	149	117issuing prompt, fair and equitable settlement of wage theft violation claims in which liability has
150	150	118become reasonably clear; and v) provided the claimant or its designee is provided with a record
151	151	119of the investigation and the results of the investigation. 7 of 19
152	152	120 (d) For purposes of this section, a labor contractor or a labor subcontractor shall
153	153	121indemnify a lead contractor for any wages, damages, interest, penalties or attorneys’ fees owed
154	154	122or incurred by the lead contractor as a result of the labor contractor or labor subcontractor’s wage
155	155	123theft. For purposes of this section, a labor subcontractor shall indemnify a labor contractor for
156	156	124any wages, damages, interest, penalties or attorneys’ fees owed by the labor contractor as a result
157	157	125of the labor subcontractor’s wage theft.
158	158	126 (e) When a lead contractor receives written notice that a labor contractor or labor
159	159	127subcontractor has allegedly failed to pay wages to a person or persons performing labor for the
160	160	128lead contractor, the lead contractor may do one or both of the following: (i) provide the unpaid
161	161	129wages directly to the person or persons performing labor for the lead contractor; or (ii) withhold
162	162	130or cause to be withheld from any payment due to the labor contractor or labor subcontractor the
163	163	131amount sufficient to satisfy the unpaid wages.
164	164	132 (f) When an individual applies for unemployment benefits pursuant to chapter 151A, and
165	165	133wage theft occurred during the base period as determined based on credible evidence, the
166	166	134individual’s unemployment benefits shall be calculated as if wages had been timely and lawfully
167	167	135paid.
168	168	136 (g) The attorney general shall enforce this section and may obtain injunctive or
169	169	137declaratory relief. Violation of this section shall be subject to paragraphs (1), (2), (4) and (7) of
170	170	138subsection (b) of section 27C, and subsection (d) of section 27C, except in cases where the lead
171	171	139contractor, labor contractor or labor subcontractor provides payment in full during the 45-day
172	172	140notice period for any wages allegedly owed, as described in subsection (c). 8 of 19
173	173	141 (h) No person or entity shall by contract or any other means be exempted from
174	174	142subsections (a), (b), (c), (e), (f), (g), or (h), or from section 148F. Nothing in this chapter shall
175	175	143limit the availability of other remedies at law or equity.
176	176	144 (i) The attorney general may promulgate regulations to implement this section.
177	177	145 (j) A lead contractor, labor contractor or labor subcontractor shall not be subject to joint
178	178	146and several liability for non-payment of retirement and health and welfare benefits to an
179	179	147employee benefits fund that has its own collection procedures for delinquent employer
180	180	148remittance as prescribed in a collectively bargained agreement pursuant to the Taft Hartley Act.
181	181	149This shall apply to section 27 and section 150C of chapter 149.
182	182	150 Section 148F. (a) The attorney general may investigate a claim of wage theft. Upon
183	183	151finding that any person or entity has engaged in a wage theft violation, the attorney general may
184	184	152issue a stop work order to an employer, requiring the cessation of all business operations of the
185	185	153violating person or entity as to the specific place of business and employment for which the
186	186	154violation exists. Said notice shall also be issued to the officer or agent of the employer and the
187	187	155lead contractor, if any.
188	188	156 Not less than 5 days before the commencement of a stop work order under this section,
189	189	157the attorney general shall notify the violating person or entity and the lead contractor, if any, of
190	190	158the intended action and give the person or entity an opportunity to confer with the attorney
191	191	159general in person or through counsel or other representative as to the proposed action. Notice
192	192	160shall be given to the person or entity by mail, postage prepaid, to the usual place of business or,
193	193	161if there is no usual place of business, to the last known address. 9 of 19
194	194	162 The stop work order may be issued only against the person or entity that has engaged in a
195	195	163wage theft violation and only as to the specific place of business or employment for which the
196	196	164violation exists. The stop work order shall be effective 48 hours after it is served unless a timely
197	197	165appeal request is filed pursuant to subsection (b). A stop work order shall be served in hand or at
198	198	166a place of business, employment or job site by posting a copy of the stop work order in a
199	199	167conspicuous location. A stop work order shall be released by the attorney general upon a finding
200	200	168that the violation has been corrected.
201	201	169 (b) A person or entity aggrieved by the imposition of a stop work order shall have 10
202	202	170days from the date of its service to make a request for a hearing. A person or entity that timely
203	203	171files such an appeal shall be granted a hearing in accordance with chapter 30A not later than 21
204	204	172days after receipt of the appeal. The stop work order shall not be in effect during the pendency of
205	205	173a timely filed appeal.
206	206	174 (c) A stop work order imposed against a person or entity shall be effective against any
207	207	175successor entity as defined by section 148E.
208	208	176 (d) An employee affected by a stop work order pursuant to this section shall be paid their
209	209	177regular rate for the period the stop work order is in place or the first 10 days the employee would
210	210	178have been scheduled to work if the stop work order had not been issued, whichever is less, by the
211	211	179person or entity that was served the stop work order. Time lost by an employee affected by a stop
212	212	180work order pursuant to this section, not exceeding 10 days, shall be considered time worked
213	213	181under chapters 149 and 151. Subsection (c) of section 148E shall not apply to wages due and
214	214	182payable under this subsection.
215	215	183 (e) The attorney general may promulgate regulations to implement this section. 10 of 19
216	216	184 SECTION 6. Chapter 149 of the General Laws is hereby amended by inserting after
217	217	185section 148F the following section:-
218	218	186 Section 148G. (a) For purposes of this section, the following terms shall have the
219	219	187following meanings:
220	220	188 (1) “Aggrieved person”, any employee or former employee, or person providing services
221	221	189for remuneration to another against whom one or more of the alleged violations was committed
222	222	190by the alleged violator, whether or not employed by the violator at the time an action is filed,
223	223	191including any person who is not classified by an employer as an employee but who claims to be
224	224	192an employee and whose claims against the purported employer relate to such alleged
225	225	193misclassification.
226	226	194 (2) “Public enforcement action”, a civil action brought by a relator under this section to
227	227	195enforce protections enforceable by the attorney general.
228	228	196 (3) “Relator”, a whistleblower that acts as a plaintiff in a public enforcement action under
229	229	197this section.
230	230	198 (4) “Whistleblower”, an aggrieved person or any current or former employee, contractor,
231	231	199subcontractor, employee of a lead contractor, labor contractor or labor subcontractor of the
232	232	200defendant, vendor, or client with knowledge of the alleged violations that is independent of and
233	233	201materially adds to any publicly disclosed information about the alleged violations.
234	234	202 (b) (1) A relator, on behalf of the attorney general and with the consent of the aggrieved
235	235	203person or persons, may initiate a public enforcement action pursuant to the procedures and
236	236	204subject to the limitations specified in subsection (e) of this section. Such action may be brought 11 of 19
237	237	205in any court of competent jurisdiction. Such an action may allege multiple violations that have
238	238	206affected different parties aggrieved by the same defendant.
239	239	207 (2) For purposes of public enforcement actions brought pursuant to this section,
240	240	208whenever the attorney general is authorized to assess or seek civil remedies, including penalties,
241	241	209equitable and declaratory relief, and other civil relief, for a violation of wage theft, as defined by
242	242	210section 148E of this chapter, a court is hereby authorized to assess the same civil remedies.
243	243	211 (3) When a civil remedy is recovered pursuant to decision or settlement in any public
244	244	212enforcement action, the relator shall be awarded reasonable attorneys’ fees and costs.
245	245	213 (4) Nothing in this section shall operate to limit an aggrieved party’s right to pursue a
246	246	214private action based on the same violation or injury.
247	247	215 (5) Nothing in this section shall operate to limit the attorney general’s right to seek
248	248	216restitution and damages, where available, for aggrieved parties as part of a public enforcement
249	249	217action in which it has intervened.
250	250	218 (6) Civil penalties or fines recovered in a public enforcement action or settlement of a
251	251	219proposed action shall be distributed as follows:
252	252	220 (i) one third to the aggrieved person;
253	253	221 (ii) one third to the Community Outreach and Labor Education Fund established in
254	254	222subsection (f) of this section; and
255	255	223 (iii) one third to the attorney general. 12 of 19
256	256	224 Any funding received by the attorney general under this section shall be continuously
257	257	225appropriated to supplement, and not supplant, other funding for those purposes.
258	258	226 (7) The right to bring a public enforcement action under this section shall not be impaired
259	259	227by any special contract.
260	260	228 (8) Notwithstanding any other provision of law, a public enforcement action authorized
261	261	229by this section shall be commenced within the same period of time that the attorney general has
262	262	230to take enforcement action under section 150 of this chapter or section 20A of chapter 151. The
263	263	231statute of limitations for bringing a public enforcement action under this section shall be tolled
264	264	232from the date that a relator files a notice pursuant to subsection (e) of this section with the
265	265	233attorney general, or the date that the attorney general commences an investigation, whichever is
266	266	234earlier.
267	267	235 (c) (1) Notwithstanding the provisions of subsection (b) of this section, no public
268	268	236enforcement action may be brought by a relator:
269	269	237 (i) If the attorney general, on the same facts and theories, cites a person or entity within
270	270	238the time periods set forth in subsection (e) of this section for a violation of the same section or
271	271	239sections of the General Laws under which such relator is attempting to recover a civil penalty or
272	272	240other remedy on behalf of aggrieved employees or others, or files a proceeding to assess
273	273	241penalties or to enforce other remedies available to the attorney general, provided that the attorney
274	274	242general provides notice to the relator pursuant to subsection (e) of this section. Public
275	275	243enforcement actions belong to the attorney general and preclude subsequent attorney general
276	276	244enforcement efforts based on the same facts and law, whether brought by the attorney general or
277	277	245by a relator under this section. However, nothing in this section shall operate to limit the attorney 13 of 19
278	278	246general’s right to seek additional civil remedies for aggrieved parties as part of a public
279	279	247enforcement action in which it has intervened; or
280	280	248 (ii) For any violation of a posting, notice, agency reporting, or filing requirement, except
281	281	249where the filing or reporting requirement involves mandatory payroll reporting.
282	282	250 (2) The attorney general shall establish a publicly available online database of public
283	283	251enforcement actions brought pursuant to this section, which may include the names of the
284	284	252parties, the date filed, the disposition, and any other information that the attorney general shall by
285	285	253regulation prescribe.
286	286	254 (d) (1) No one shall retaliate or take adverse action in any manner against an aggrieved
287	287	255person or whistleblower, or threaten to retaliate or take adverse action, because:
288	288	256 (i) the aggrieved person or whistleblower has brought a public enforcement action;
289	289	257 (ii) the aggrieved person or whistleblower has cooperated with a relator in a public
290	290	258enforcement action or the attorney general in investigating, prosecuting, or intervening in a
291	291	259public enforcement action; or
292	292	260 (iii) it is anticipated that the aggrieved person or whistleblower may bring a public
293	293	261enforcement action or cooperate with one.
294	294	262 (2) Any person aggrieved by a violation of this subsection may enforce it as provided by
295	295	263section 27C or section 150 of this chapter, or as provided by section 19 of chapter 151.
296	296	264 (e) (1) No public enforcement action pursuant to this section may be commenced prior to
297	297	26560 days after written notice of the claim has been filed by the relator with the attorney general. 14 of 19
298	298	266 (2) The relator shall submit a filing fee of no less than 75 dollars with each filing of
299	299	267notice, subject to any waiver, in accordance with regulations promulgated by the attorney
300	300	268general. Notice and submission of the filing fee shall toll the statute of limitations on the
301	301	269enforcement action for which notice has been provided.
302	302	270 (3) The attorney general shall establish an online portal to provide for efficient electronic
303	303	271filing of the notice.
304	304	272 (4) The notice shall include:
305	305	273 (i) The name, address, and contact information of the alleged violator;
306	306	274 (ii) The name and contact information of the relator;
307	307	275 (iii) The name, address, and contact information of the relator’s legal counsel, should one
308	308	276exist; and
309	309	277 (iv) A concise statement of the underlying claim reasonably calculated to apprise the
310	310	278attorney general of the substance and nature of the claim.
311	311	279 (5) The attorney general shall, by regulation, provide for the right of a relator to furnish
312	312	280an amended notice, if the attorney general determines that the relator’s original notice pursuant
313	313	281to paragraph (1) of this subsection was not in compliance with this section or the regulations
314	314	282issued thereunder. Such determination by the attorney general shall identify with particularity
315	315	283the deficiencies in the original notice. The relator shall have 30 days from receiving the
316	316	284determination of the attorney general of noncompliance with this section to amend the notice.
317	317	285The amended notice will relate back to the original notice. 15 of 19
318	318	286 (6) If the attorney general intends to investigate the alleged violation, it shall notify the
319	319	287relator of its decision within 30 days of the date of the notice received pursuant to paragraph (1)
320	320	288of this subsection. Within 120 days of that decision, the attorney general may investigate the
321	321	289alleged violation and issue any appropriate citation. If the attorney general, during the course of
322	322	290its investigation, determines that additional time is necessary to complete the investigation, it
323	323	291may extend the time by not more than 60 additional days and shall issue a notice of the
324	324	292extension. If the attorney general determines that a citation will not be issued, it shall notify the
325	325	293relator of that decision within five business days.
326	326	294 (7) If, within 30 days, the attorney general notifies the relator that it does not intend to
327	327	295investigate the alleged violation, the relator may bring a public enforcement action. If, upon an
328	328	296investigation, the attorney general determines that no citation will be issued, it may authorize the
329	329	297relator to commence a public enforcement action.
330	330	298 (8) If more than one relator files a public enforcement action on the same facts or
331	331	299allegations as another relator, the actions may be consolidated under Rule 42 of the
332	332	300Massachusetts Rules of Civil Procedure.
333	333	301 (9) If the attorney general does not object to the filing of a public enforcement action
334	334	302pursuant to this section, but objects to the attorney general being represented by a particular
335	335	303attorney proposed by the relator, the attorney general may, within the time limits set forth in
336	336	304paragraph (6) of this subsection, put the relator on notice of the attorney general’s objection. The
337	337	305attorney general will establish regulations for notice and a hearing, for purposes of reviewing the
338	338	306attorney general’s objection to counsel. Upon finding, after notice and hearing, that, based on
339	339	307the attorney’s past conduct while representing a client or clients, the attorney does not meet the 16 of 19
340	340	308required professional standards of representatives, or, alternatively, if the attorney fails to
341	341	309zealously pursue the remedies available under this section, the attorney general may order that
342	342	310the public enforcement shall not be filed by the particular attorney on behalf of the relator.
343	343	311 (10) The attorney general may intervene in a public enforcement action and proceed with
344	344	312any and all claims in the action:
345	345	313 (i) As of right within 30 days after the filing of the action; or
346	346	314 (ii) For good cause shown, as determined by the court, after the expiration of the 30-day
347	347	315period after the filing of the action.
348	348	316 (11) If the attorney general intervenes in an action it shall have primary responsibility for
349	349	317prosecuting the action and shall not be bound by an act of the relator bringing the action. In such
350	350	318cases, the relator shall remain a party to the action. The attorney general may move to dismiss or
351	351	319settle the action after the relator has been notified of the filing of the motion and has been
352	352	320provided with an opportunity to be heard, and the court determines that such dismissal or
353	353	321settlement is fair, adequate, reasonable, and in the public interest. Any disposition by the
354	354	322attorney general shall provide compensation for reasonable attorneys’ fees and costs expended
355	355	323on behalf of the relator in instituting the action.
356	356	324 (12) If the attorney general does not intervene in the action, the relator shall have the
357	357	325right to conduct such an action subject to the following limitations:
358	358	326 (i) The court shall review and approve any settlement of any action filed pursuant to this
359	359	327section. The proposed settlement shall be submitted to the attorney general concurrent with
360	360	328submission to the court. The court shall approve a settlement of the action only upon a 17 of 19
361	361	329determination that such settlement or voluntary dismissal is fair, adequate, reasonable, and in the
362	362	330public interest.
363	363	331 (ii) If the attorney general so requests, it shall be served with copies of all pleadings filed
364	364	332in the action and shall be supplied with copies of all deposition transcripts. The attorney general
365	365	333shall bear any costs associated with service of such pleadings and depositions.
366	366	334 (13) No public enforcement action brought pursuant to this section shall be subject to the
367	367	335requirements of Rule 23 of the Massachusetts Rules of Civil Procedure.
368	368	336 (14) A relator is not allowed to act on behalf of the attorney general in any other manner
369	369	337or capacity except as stated in this section. The ability to bring a public enforcement action shall
370	370	338not include investigatory actions or stop work orders on behalf of the Attorney General’s office.
371	371	339 (f) (1) There shall be established a fund known as the Community Outreach and Labor
372	372	340Education Fund, separate and distinct from the General Fund. Interest earned by the Community
373	373	341Outreach and Labor Education Fund shall be credited to the same Fund. All moneys in the
374	374	342Community Outreach and Labor Education Fund shall be continuously appropriated for the
375	375	343purpose of awarding grants as provided in paragraph (2) of this subsection. The treasurer of the
376	376	344commonwealth shall credit such funds recovered under subsection (b)(6) of this section
377	377	345attributed to the Community Outreach and Labor Education Fund to this fund.
378	378	346 (2) Moneys in the Community Outreach and Labor Fund shall be granted from time to
379	379	347time by the attorney general to organizations that are tax-exempt under subsection (c)(3), (c)(4)
380	380	348or (c)(5) of the federal Internal Revenue Code, 26 U.S. C. section 501, for purposes of funding
381	381	349outreach, education and technical assistance to Massachusetts workers pertaining to workplace
382	382	350rights. The Attorney General shall promulgate regulations relative to further distribution and 18 of 19
383	383	351disbursal of recoveries. Any funding received from the attorney general under this section shall
384	384	352be continuously appropriated to supplement, and not supplant, other funding for those purposes.
385	385	353Amounts remaining in the fund at the end of a fiscal year shall not revert to the General Fund but
386	386	354shall be available for expenditure in the subsequent year and shall not be subject to section 5C of
387	387	355chapter 29.
388	388	356 (3) Grants provided from the Community Outreach and Labor Education Fund shall be
389	389	357used for activities to assist workers in enforcing employment rights, including but not limited to
390	390	358outreach, community-based education events, training materials, technical assistance,
391	391	359counseling, research and referral services.
392	392	360 (g) This section shall be liberally construed in light of its remedial purposes to expand the
393	393	361enforcement of statutes protecting workers in the commonwealth.
394	394	362 SECTION 7. Section 150 of said chapter 149, as so appearing, is hereby amended by
395	395	363inserting, in line 22, after the word “148C” the following word:- , 148E.
396	396	364 SECTION 8. Section 150C of said chapter 149, as so appearing, is hereby amended by
397	397	365striking out, in line 9, the words “one thousand dollars,” and inserting in place thereof the
398	398	366following words:- $1,000 or shall be subject to a civil citation or order as provided in subsection
399	399	367(b) of section 27C.
400	400	368 SECTION 9. Said section 150C of said chapter 149, as so appearing, is hereby further
401	401	369amended by adding the following sentence:- The president and treasurer of a corporation and any
402	402	370officers or agents having the management of such corporation and who have knowledge or
403	403	371should have had knowledge of general operations shall be considered the employers of the
404	404	372employees of the corporation for the purposes of this section. 19 of 19
405	405	373 SECTION 10. Section 19 of chapter 151 of the General Laws, as so appearing, is hereby
406	406	374amended by striking out subsection (1) and inserting in place thereof the following subsection:-
407	407	375 (1) (a) Any person or entity, including an employer or its agent, who in any manner
408	408	376discriminates or takes adverse action, or threatens to discriminate or take adverse action, against
409	409	377any person because that person has opposed a violation of this chapter, complained to the
410	410	378attorney general or to any other person of a violation of this chapter, assisted any other person in
411	411	379exercising rights under this chapter, informed any other person of rights under this chapter, or
412	412	380instituted, assisted in, or testified in any investigation or proceedings under or related to this
413	413	381chapter, or because of a belief that the person may in the future engage in any such actions, shall
414	414	382have violated this section and shall be punished or subject to civil proceedings as provided in
415	415	383subsection (b) or subsection (d) of section 27C, or section 150, and shall recover actual damages,
416	416	384compensatory damages, punitive damages, injunctive relief or any other appropriate relief.
417	417	385 (b) There shall be a rebuttable presumption of a violation of this subsection if a person or
418	418	386entity discriminates or takes adverse action, or threatens to discriminate or take adverse action,
419	419	387against any person within 90 days of that person’s exercise of rights under this chapter, including
420	420	388activity protected by this subsection. This presumption may be rebutted by clear and convincing
421	421	389evidence that the action was taken for a permissible purpose and that it would have been taken in
422	422	390the absence of the protected activity.