Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1125 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 124 FILED ON: 1/10/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1125
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr
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 treble damages.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 4
16	16	SENATE DOCKET, NO. 124 FILED ON: 1/10/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1125
18	18	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1125) of Bruce E. Tarr for legislation
19	19	relative to treble damages. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 1028 OF 2019-2020.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to treble damages.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 27 of chapter 149 of the General Laws, as appearing in the 2020
31	31	2Official Edition, is hereby amended by striking out the last paragraph and inserting in place
32	32	3thereof the following paragraph: -
33	33	4 ‘Any employee claiming to be aggrieved by a violation of this section may, at the
34	34	5expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the
35	35	6attorney general assents in writing, and within 3 years after the said violation, institute and
36	36	7prosecute in his own name and on his own behalf, or for himself and for others similarly situated,
37	37	8a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other
38	38	9benefits. Any employee so aggrieved and who prevails in such an action shall, if said violation
39	39	10be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other 2 of 4
40	40	11benefits; and the employee shall also be awarded the costs of the litigation and reasonable
41	41	12attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an
42	42	13action if said violation is not willful, shall be awarded damages as determined by the court for
43	43	14any loss of wages and other benefits; and the employee may also be awarded the costs of the
44	44	15litigation and reasonable attorneys' fees.’
45	45	16 SECTION 2. Section 27F of said chapter 149, as so appearing, is hereby amended by
46	46	17striking out the last paragraph and inserting in place thereof the following paragraph: -
47	47	18 ‘Any employee claiming to be aggrieved by a violation of this section may, at the
48	48	19expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the
49	49	20attorney general assents in writing, and within 3 years after the said violation, institute and
50	50	21prosecute in his own name and on his own behalf, or for himself and for others similarly situated,
51	51	22a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other
52	52	23benefits. Any employee so aggrieved and who prevails in such an action shall, if said violation
53	53	24be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other
54	54	25benefits; and the employee shall also be awarded the costs of the litigation and reasonable
55	55	26attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an
56	56	27action if said violation is not willful, shall be awarded damages as determined by the court for
57	57	28any loss of wages and other benefits; and the employee may also be awarded the costs of the
58	58	29litigation and reasonable attorneys' fees.’
59	59	30 SECTION 3. Section 27G of said chapter 149, as so appearing, is hereby amended by
60	60	31striking out the last paragraph and inserting in place thereof the following paragraph: - 3 of 4
61	61	32 ‘Any employee claiming to be aggrieved by a violation of this section may, at the
62	62	33expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the
63	63	34attorney general assents in writing, and within 3 years after the said violation, institute and
64	64	35prosecute in his own name and on his own behalf, or for himself and for others similarly situated,
65	65	36a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other
66	66	37benefits. Any employee so aggrieved and who prevails in such an action shall, if said violation
67	67	38be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other
68	68	39benefits; and the employee shall also be awarded the costs of the litigation and reasonable
69	69	40attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an
70	70	41action, if said violation is not willful, shall be awarded damages as determined by the court for
71	71	42any loss of wages and other benefits; and the employee may also be awarded the costs of the
72	72	43litigation and reasonable attorneys' fees.’
73	73	44 SECTION 4. Section 27H of said chapter 149, as so appearing, is hereby amended by
74	74	45striking out the last paragraph and inserting in place thereof the following paragraph: -
75	75	46 ‘Any employee claiming to be aggrieved by a violation of this section may, at the
76	76	47expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the
77	77	48attorney general assents in writing, and within 3 years after the said violation, institute and
78	78	49prosecute in his own name and on his own behalf, or for himself and for others similarly situated,
79	79	50a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other
80	80	51benefits. Any employee so aggrieved and who prevails in such an action shall, if said violation
81	81	52be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other
82	82	53benefits; and the employee shall also be awarded the costs of the litigation and reasonable
83	83	54attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an 4 of 4
84	84	55action, if said violation is not willful, shall be awarded damages as determined by the court for
85	85	56any loss of wages and other benefits; and the employee may also be awarded the costs of the
86	86	57litigation and reasonable attorneys' fees.’
87	87	58 SECTION 5. Section 150 of said chapter 149, as so appearing, is heareby amended by
88	88	59striking out the last paragraph and inserting in place thereof the following paragraph: -
89	89	60 ‘Any employee claiming to be aggrieved by a violation of sections 33E, 148, 148A,
90	90	61148B, 150C, 152, 152A or 159C or section 19 of chapter 151 may, at the expiration of 90 days
91	91	62after the filing of a complaint with the attorney general, or sooner if the attorney general assents
92	92	63in writing, and within 3 years after the said violation, institute and prosecute in his own name
93	93	64and on his own behalf, or for himself and for others similarly situated, a civil action for
94	94	65injunctive relief, for any damages incurred, and for any loss of wages and other benefits. Any
95	95	66employee so aggrieved and who prevails in such an action shall, if said violation be willful, be
96	96	67awarded triple damages, as liquidated damages, for any loss of wages and other benefits; and the
97	97	68employee shall also be awarded the costs of the litigation and reasonable attorneys' fees;
98	98	69provided, further, that any employee so aggrieved and who prevails in such an action, if said
99	99	70violation is not willful, shall be awarded damages as determined by the court for any loss of
100	100	71wages and other benefits; and the employee may also be awarded the costs of the litigation and
101	101	72reasonable attorneys' fees