Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4440 Compare Versions

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

Old	New	Differences
1	1	HOUSE . . . . . . . . No. 4440
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES, February 29, 2024.
5	5	The committee on Labor and Workforce Development, to whom was
6	6	referred the petition (accompanied by bill, House, No. 1869) of Daniel M.
7	7	Donahue relative to updating overtime protections for middle class
8	8	workers, reports recommending that the accompanying bill (House, No.
9	9	4440) ought to pass.
10	10	For the committee,
11	11	KIP A. DIGGS. 1 of 2
12	12	FILED ON: 2/5/2024
13	13	HOUSE . . . . . . . . . . . . . . . No. 4440
14	14	The Commonwealth of Massachusetts
15	15	_______________
16	16	In the One Hundred and Ninety-Third General Court
17	17	(2023-2024)
18	18	_______________
19	19	An Act updating overtime protections to protect the Commonwealth's middle class workers.
20	20	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
21	21	of the same, as follows:
22	22	1 SECTION 1. The second paragraph of section 1A of chapter 151 of the General Laws, as
23	23	2appearing in the 2016 Official Edition, is hereby amended by striking out clauses (1), (7), (9),
24	24	3(12), (13), (14), (15), (16) and (17), and renumbering the remaining clauses in consecutive order.
25	25	4 SECTION 2. Section 1A of chapter 151 of the General Laws, as so appearing, is hereby
26	26	5amended by striking out, in line 29, the words “eighty dollars per week” and by inserting in place
27	27	6thereof the following words:-
28	28	7 the salary threshold established by section 1C of this chapter; provided, however, that an
29	29	8employee who teaches as an adjunct or non-tenure-track faculty member at a college or
30	30	9university shall not qualify as an exempt executive, administrative or professional person or
31	31	10qualified trainee for such position.
32	32	11 SECTION 3. Chapter 151 of the General Laws is hereby amended by inserting after
33	33	12section 1B the following section:- 2 of 2
34	34	13 Section 1C. Overtime pay salary threshold for executive, administrative or professional
35	35	14exemption.
36	36	15 For purposes of section 1A of this chapter, the salary threshold below which a bona fide
37	37	16executive, or administrative or professional person or qualified trainee for such position shall
38	38	17automatically be subject to the overtime pay requirements of said section shall be regular
39	39	18compensation that, when converted to an annual, full-time equivalent rate, equals the overtime
40	40	19threshold rate established by the second paragraph of this section, any higher rate that the
41	41	20commissioner shall establish by regulation, or the annualized rate established by the United
42	42	21States Department of Labor under the federal Fair Labor Standards Act, whichever is higher.
43	43	22 Beginning January 1, 2025, the overtime threshold rate shall be no less than $63,000;
44	44	23beginning January 1, 2026, the overtime threshold rate shall be no less than $73,000; beginning
45	45	24January 1, 2027, the overtime threshold rate shall be no less than $83,000; Beginning January 1,
46	46	252028 and each January 1 thereafter, the overtime threshold rate shall be no less than the higher of
47	47	26the following rates: the annual earnings of a full-time employee employed for 2080 hours per
48	48	27year at 2 times the minimum wage established under section 1 of this chapter, or the overtime
49	49	28threshold rate from the preceding year increased by the percentage annual increase, if any, in the
50	50	29second quartile of the usual weekly earnings for full-time wage and salary workers, or its
51	51	30successor index, as published by the United States Department of Labor, Bureau of Labor
52	52	31Statistics, or its successor agency, with the amount of the overtime threshold rate increase
53	53	32rounded to the nearest dollar.