Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1869 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3133 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1869
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 updating overtime protections to protect the Commonwealth's middle class workers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel M. Donahue16th Worcester1/19/2023 1 of 2
16	16	HOUSE DOCKET, NO. 3133 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1869
18	18	By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 1869) of
19	19	Daniel M. Donahue relative to updating overtime protections for middle class workers. Labor
20	20	and Workforce Development.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act updating overtime protections to protect the Commonwealth's middle class workers.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. The second paragraph of section 1A of chapter 151 of the General Laws, as
30	30	2appearing in the 2016 Official Edition, is hereby amended by striking out clauses (1), (7), (9),
31	31	3(12), (13), (14), (15), (16) and (17), and renumbering the remaining clauses in consecutive order.
32	32	4 SECTION 2. Section 1A of chapter 151 of the General Laws, as so appearing, is hereby
33	33	5amended by striking out, in line 29, the words “eighty dollars per week” and by inserting in place
34	34	6thereof the following words:-
35	35	7 the salary threshold established by section 1C of this chapter; provided, however, that an
36	36	8employee who teaches as an adjunct or non-tenure-track faculty member at a college or
37	37	9university shall not qualify as an exempt executive, administrative or professional person or
38	38	10qualified trainee for such position.
39	39	11 SECTION 3. Chapter 151 of the General Laws is hereby amended by inserting after
40	40	12section 1B the following section:- 2 of 2
41	41	13 Section 1C. Overtime pay salary threshold for executive, administrative or professional
42	42	14exemption.
43	43	15 For purposes of section 1A of this chapter, the salary threshold below which a bona fide
44	44	16executive, or administrative or professional person or qualified trainee for such position shall
45	45	17automatically be subject to the overtime pay requirements of said section shall be regular
46	46	18compensation that, when converted to an annual, full-time equivalent rate, equals the overtime
47	47	19threshold rate established by the second paragraph of this section, any higher rate that the
48	48	20commissioner shall establish by regulation, or the annualized rate established by the United
49	49	21States Department of Labor under the federal Fair Labor Standards Act, whichever is higher.
50	50	22 Beginning January 1, 2024, the overtime threshold rate shall be no less than $63,000;
51	51	23beginning January 1, 2025, the overtime threshold rate shall be no less than $73,000; beginning
52	52	24January 1, 2026, the overtime threshold rate shall be no less than $83,000; Beginning January 1,
53	53	252027 and each January 1 thereafter, the overtime threshold rate shall be no less than the higher of
54	54	26the following rates: the annual earnings of a full-time employee employed for 2080 hours per
55	55	27year at 2 times the minimum wage established under section 1 of this chapter, or the overtime
56	56	28threshold rate from the preceding year increased by the percentage annual increase, if any, in the
57	57	29second quartile of the usual weekly earnings for full-time wage and salary workers, or its
58	58	30successor index, as published by the United States Department of Labor, Bureau of Labor
59	59	31Statistics, or its successor agency, with the amount of the overtime threshold rate increase
60	60	32rounded to the nearest dollar.