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HOUSE DOCKET, NO. 2010 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1901
The Commonwealth of Massachusetts
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PRESENTED BY:
Bradley H. Jones, Jr.
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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 relative to commissioned employees.
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PETITION OF:
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
HOUSE DOCKET, NO. 2010 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1901
By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1901) of
Bradley H. Jones, Jr. and others relative to compensation of certain employees. Labor and
Workforce Development.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to commissioned employees.
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 150 of chapter 149 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by adding the following paragraph:- An employer shall not
3be subject to any liability or punishment for or on account of its failure to pay for work on a
4Sunday or a recognized holiday under sections 6, 13 or 16 of chapter 136, if the employer pleads
5and proves by a preponderance of the evidence that it acted in good faith in conformity with a
6written opinion letter of the department or of an agency of the commonwealth which has or had
7at the time the authority to administer or interpret said law. Such a defense, if established, shall
8be a bar to the action if the administrative interpretation was in effect at the time of the violation,
9even if it is later modified, rescinded, or determined by judicial authority to be invalid or of no
10legal effect. For purposes of this paragraph, the term "employer" shall extend to the persons
11described in the sixth paragraph of section 148. 2 of 2
12 SECTION 2. The first paragraph of section 1B of said chapter 151, as so appearing, is
13hereby amended by inserting after the second sentence, the following two sentences:- An
14employer or the officer or agent of any domestic or foreign corporation shall not be subject to
15any liability or punishment for or on account of its failure to pay overtime compensation in
16violation of this section if the employer or the officer or agent of any such corporation pleads and
17proves by a preponderance of the evidence that it acted in good faith in conformity with a written
18opinion letter of the department or of an agency of the commonwealth which has or had at the
19time the authority to administer or interpret said law. Such a defense, if established, shall be a bar
20to the action if the administrative interpretation was in effect at the time of the violation, even if
21it is later modified, rescinded, or determined by judicial authority to be invalid or of no legal
22effect.
23 SECTION 3. Sections 1 and 2 shall be effective for all causes of action accruing before,
24on, or after the date of enactment, including any cause of action now pending.