Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1161

Introduced
2/16/23  

Caption

Clarifying the prevailing wage act to protect actions by the attorney general

Impact

The bill introduces significant changes to the existing framework governing prevailing wage disputes. Under its provisions, employees can initiate civil actions for damages, including lost wages and benefits, after a set period following their complaints. The legislation also establishes a tolling mechanism for the three-year limitation period, effectively pausing the timer on the statute of limitations until certain conditions are met, thereby allowing employees more flexibility in pursuing their claims after initial complaints.

Summary

Bill S1161, titled 'An Act clarifying the prevailing wage act to protect actions by the attorney general,' seeks to amend Chapter 149 of the General Laws of Massachusetts. The proposed changes mainly focus on empowering employees who believe they have been wronged in terms of prevailing wages, allowing them to take legal action more efficiently. Notably, this bill emphasizes the role of the attorney general in these matters, specifically outlining the procedures for employees to initiate civil actions after filing complaints with the attorney general's office.

Contention

Despite the seems protective nature of the bill, there could be points of contention. Critics may argue that the changes could lead to a surge in civil actions against employers, potentially burdening the legal system. In contrast, supporters of the bill underscore its importance in empowering employees and ensuring that they have a clear path to justice when it comes to wage violations. The heightened penalties, including the provision for treble damages for prevailing employees, also raise discussions about fairness and the implications for employers in terms of compliance and financial responsibility.

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