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