Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1899 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1871 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1899
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Daniel J. Hunt
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 relative to the notification of large job layoffs.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel J. Hunt13th Suffolk1/17/2023Michelle M. DuBois10th Plymouth2/8/2023 1 of 6
16	16	HOUSE DOCKET, NO. 1871 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1899
18	18	By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 1899) of Daniel
19	19	J. Hunt and Michelle M. DuBois for legislation to require certain notices prior to plant closings
20	20	or layoffs. Labor and Workforce Development.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1998 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to the notification of large job layoffs.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 71A of chapter 151A of the General Laws, as appearing in the 2012
32	32	2Official Edition, is hereby amended by striking out, in line 4, the word "voluntary."
33	33	3 SECTION 2. Section 71A of chapter 151A, as so appearing, is hereby further amended
34	34	4by inserting before the word “as,” in line 13, the following words:- “, or mass layoff"
35	35	5 SECTION 3. Section 71A of chapter 151A, as so appearing, is hereby further amended
36	36	6by inserting before the word “as,” in line 16, the following words: - “, or mass layoff”
37	37	7 SECTION 4. Section 71A of chapter 151A, as so appearing, is hereby further amended
38	38	8by inserting after the thirteenth paragraph the following paragraph:- "`Mass Layoff,' the
39	39	9reduction, during any 30 days, of an employer's workforce, within a single municipality or 2 of 6
40	40	10employment site, that is not the result of a plant closing or partial closing that affects either at
41	41	11least 25 workers and 25 percent of the workforce, or at least 200 workers."
42	42	12 SECTION 5. Section 71A of chapter 151A, as so appearing, is hereby further amended
43	43	13by striking out, in lines 48-49, the words “a significant number of employees of said facility” and
44	44	14inserting in place thereof the following words:- “at least 25 workers and 25 percent of the
45	45	15workforce, or at least 200 workers.”
46	46	16 SECTION 6. Section 71A of chapter 151A, as so appearing, is hereby further amended
47	47	17by inserting after the word “employer,” in line 81, the following words:- “, or employer
48	48	18performing a mass layoff.”
49	49	19 SECTION 7. Subsection (a) of section 71B of chapter 151A, as so appearing, is hereby
50	50	20amended by striking out subsection (a) and inserting in place the following subsection:-- (a) An
51	51	21employer may not order a plant closing, partial closing, or mass layoff unless 60 days prior to
52	52	22such plant closing, partial closing, or mass layoff, the employer gives written notice of the order
53	53	23to the commissioner, in such form and manner as the commissioner prescribes, such information
54	54	24as may be necessary to determine an employee's reemployment assistance benefits rights under
55	55	25section 71A to 71G, inclusive. An employer giving such notice shall include in its notice the
56	56	26elements required by the Worker Adjustment and Notification Act (29 U.S.C. Sec. 2101 et.
57	57	27Seq.). The commissioner, after making such inquiries and investigations as deemed necessary,
58	58	28shall certify whether a plant closing, partial closing, or mass layoff has occurred or will occur.
59	59	29(1) The commissioner shall certify that a plant closing has or will occur if the commissioner
60	60	30determines that at least ninety per cent of the employees of a facility have been or will be
61	61	31permanently separated within the six month period prior to the date of certification or within 3 of 6
62	62	32such other period as the commissioner shall prescribe; provided that, such period shall fall within
63	63	33six month period prior to the date of certification. The commissioner shall give notice of the
64	64	34determination regarding certification to the employer and if the employees are represented by a
65	65	35labor union to such union and to any other person or organization that the commissioner
66	66	36determines is an interested party. (2) The commissioner shall certify that a partial closing has or
67	67	37will occur if the commissioner determines that at least 25 workers and 25 percent of the
68	68	38workforce; or at least 200 workers have been or will be permanently separated within the six
69	69	39month period prior to the date of certification or within such other period as the commissioner
70	70	40shall prescribe; provided that, such period shall fall within six month period prior to the date of
71	71	41certification. The commissioner shall give notice of the determination regarding certification to
72	72	42the employer and if the employees are represented by a labor union to such union and to any
73	73	43other person or organization that the commissioner determines is an interested party. (3) The
74	74	44commissioner shall certify that a mass layoff has or will occur if the commissioner determines
75	75	45that at least 25 workers and 25 percent of the workforce; or at least 200 workers have been or
76	76	46will be permanently separated within the six month period prior to the date of certification or
77	77	47within such other period as the commissioner shall prescribe; provided that, such period shall fall
78	78	48within six month period prior to the date of certification. The commissioner shall give notice of
79	79	49the determination regarding certification to the employer and if the employees are represented by
80	80	50a labor union to such union and to any other person or organization that the commissioner
81	81	51determines is an interested party.
82	82	52 SECTION 8. Section 71B of chapter 151A, as so appearing, is hereby amended by
83	83	53inserting after subsection (c) the following subsections:-- 4 of 6
84	84	54 (d) An employer who fails to give notice as required by this section before ordering a
85	85	55plant closing, partial closing, or mass layoff, is liable to each employee entitled to notice who
86	86	56lost his or her employment for: (1) Back pay at the average regular rate of compensation received
87	87	57by the employee during the last three years of his or her employment, or the employee's final
88	88	58rate of compensation, whichever is higher. (2) The value of the cost of any benefits to which the
89	89	59employee would have been entitled had his or her employment not been lost, including the cost
90	90	60of any medical expenses incurred by the employee that would have been covered under an
91	91	61employee benefit plan. (3) Liability under this section is calculated for the period of the
92	92	62employer's violation, up to a maximum of 60 days, or one-half the number of days that the
93	93	63employee was employed by the employer, whichever period is smaller.
94	94	64 (e) The amount of an employer's liability under subdivision (d) is reduced by the
95	95	65following: (1) Any wages, except vacation moneys accrued prior to the period of the employer's
96	96	66violation, paid by the employer to the employee during the period of the employer's violation. (2)
97	97	67Any voluntary and unconditional payments made by the employer to the employee that were not
98	98	68required to satisfy any legal obligation. (3) Any payments by the employer to a third party or
99	99	69trustee, such as premiums for health benefits or payments to a defined contribution pension plan,
100	100	70on behalf of and attributable to the employee for the period of the violation.
101	101	71 (f) Notwithstanding the requirements of subdivision (a), an employer is not required to
102	102	72provide notice if a plant closing, partial closing, or mass layoff, is necessitated by a physical
103	103	73calamity or act of war.
104	104	74 (g) An employer is not required to comply with the notice requirement contained in this
105	105	75section if the commissioner determines that all of the following conditions exist: (1) As of the 5 of 6
106	106	76time that notice would have been required, the employer was actively seeking capital or business.
107	107	77(2) The capital or business sought, if obtained, would have enabled the employer to avoid or
108	108	78postpone the plant closing, partial closing, or mass layoff. (3) The employer reasonably and in
109	109	79good faith believed that giving the notice required by this section would have precluded the
110	110	80employer from obtaining the needed capital or business.
111	111	81 (h) The commissioner may not determine that the employer was actively seeking capital
112	112	82or business under paragraph
113	113	83 (g) unless the employer provides the department with both of the following:(1) A written
114	114	84record consisting of all documents relevant to the determination of whether the employer was
115	115	85actively seeking capital or business, as specified by the commissioner. (2) An affidavit verifying
116	116	86the contents of the documents contained in the record.
117	117	87 (i) The affidavit provided to the commissioner pursuant to paragraph
118	118	88 (h) (2) of this section shall contain a declaration signed under penalty of perjury stating
119	119	89that the affidavit and the contents of the documents contained in the record submitted pursuant
120	120	90to paragraph (h)(1) of this section are true and correct.
121	121	91 SECTION 9. Chapter 151A, as so appearing, is hereby amended by striking out section
122	122	9271C, and inserting in place thereof the following section: -- "Any proposed regulations to be
123	123	93issued pursuant to section 71B shall be filed with the clerk of the house and the clerk of the
124	124	94senate thirty days before publishing a notice of a public hearing, pursuant to section 2 of chapter
125	125	9530A. 6 of 6
126	126	96 SECTION 10. Section 71D of chapter 151A, as so appearing, is hereby amended by
127	127	97inserting after the words “partial closings,” in line 5, the following words:-- “or mass layoff"
128	128	98 SECTION 11. Section 71F of chapter 151A, as so appearing, is hereby amended by
129	129	99inserting after the words "partial closing," in line 6, the following words:-- ", or mass layoff"
130	130	100 SECTION 12. This act shall take effect upon its passage.