Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1901 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. 2010 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1901
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bradley H. Jones, Jr.
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 commissioned employees.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Bradley H. Jones, Jr.20th Middlesex1/17/2023Nicholas A. Boldyga3rd Hampden1/26/2023F. Jay Barrows1st Bristol1/26/2023Susan Williams Gifford2nd Plymouth1/26/2023Paul K. Frost7th Worcester1/31/2023 1 of 2
16	16	HOUSE DOCKET, NO. 2010 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1901
18	18	By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1901) of
19	19	Bradley H. Jones, Jr. and others relative to compensation of certain employees. Labor and
20	20	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 relative to commissioned employees.
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. Section 150 of chapter 149 of the General Laws, as appearing in the 2020
30	30	2Official Edition, is hereby amended by adding the following paragraph:- An employer shall not
31	31	3be subject to any liability or punishment for or on account of its failure to pay for work on a
32	32	4Sunday or a recognized holiday under sections 6, 13 or 16 of chapter 136, if the employer pleads
33	33	5and proves by a preponderance of the evidence that it acted in good faith in conformity with a
34	34	6written opinion letter of the department or of an agency of the commonwealth which has or had
35	35	7at the time the authority to administer or interpret said law. Such a defense, if established, shall
36	36	8be a bar to the action if the administrative interpretation was in effect at the time of the violation,
37	37	9even if it is later modified, rescinded, or determined by judicial authority to be invalid or of no
38	38	10legal effect. For purposes of this paragraph, the term "employer" shall extend to the persons
39	39	11described in the sixth paragraph of section 148. 2 of 2
40	40	12 SECTION 2. The first paragraph of section 1B of said chapter 151, as so appearing, is
41	41	13hereby amended by inserting after the second sentence, the following two sentences:- An
42	42	14employer or the officer or agent of any domestic or foreign corporation shall not be subject to
43	43	15any liability or punishment for or on account of its failure to pay overtime compensation in
44	44	16violation of this section if the employer or the officer or agent of any such corporation pleads and
45	45	17proves by a preponderance of the evidence that it acted in good faith in conformity with a written
46	46	18opinion letter of the department or of an agency of the commonwealth which has or had at the
47	47	19time the authority to administer or interpret said law. Such a defense, if established, shall be a bar
48	48	20to the action if the administrative interpretation was in effect at the time of the violation, even if
49	49	21it is later modified, rescinded, or determined by judicial authority to be invalid or of no legal
50	50	22effect.
51	51	23 SECTION 3. Sections 1 and 2 shall be effective for all causes of action accruing before,
52	52	24on, or after the date of enactment, including any cause of action now pending.