Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1178 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. 2084 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1178
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Paul R. Feeney
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 providing hazard pay and protection for essential workers during a public health "State of
13	13	Emergency" declaration.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Paul R. FeeneyBristol and Norfolk 1 of 3
17	17	SENATE DOCKET, NO. 2084 FILED ON: 1/20/2023
18	18	SENATE . . . . . . . . . . . . . . No. 1178
19	19	By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1178) of Paul R. Feeney for
20	20	legislation to provide hazard pay and protection for essential workers during a "State of
21	21	Emergency" declaration. Labor and Workforce Development.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 1195 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act providing hazard pay and protection for essential workers during a public health "State of
30	30	Emergency" declaration.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Definitions:
34	34	2 “Essential services,” any services that are required to promote the public health and
35	35	3welfare of the Commonwealth as defined in the Governor's March 23, 2020 emergency order
36	36	4(“COVID-19 Order No. 13”) or in the Governor's March 31, 2020 extension order (“COVID-19
37	37	5Order No. 21”), regardless of whether these emergency orders have been rescinded, or as defined
38	38	6in any other superseding emergency order or orders.
39	39	7 "Essential business," any private-sector employer that provides “Essential services” and
40	40	8is authorized to remain open during a declaration by the Governor of a public health state of 2 of 3
41	41	9emergency. This law shall apply to employers with eleven or more employees who are covered
42	42	10by Section 148C of Chapter 149 of the General Laws.
43	43	11 "Essential worker" means an individual employed by an “Essential business.”
44	44	12 SECTION 2. Notwithstanding Chapter 149 of the General Laws or any other special or
45	45	13general law to the contrary, following the declaration by the Governor of a public health state of
46	46	14emergency that includes or is followed by any additional executive order in furtherance of such
47	47	15declaration that includes an order to stay at home, shelter in place, or limit time spent outside the
48	48	16home, any employer that provides “Essential Services” outside his or her home, shall pay each of
49	49	17its essential workers, “hazard pay,” calculated at a rate not less than one and one-half times the
50	50	18essential worker’s regular rate of pay for any hours worked while the public health state of
51	51	19emergency is in effect. This section shall not apply to anyone employed by the Commonwealth
52	52	20or any of its political subdivisions, or a bona fide executive, administrative, or professional
53	53	21person exempt from overtime under the federal Fair Labor Standards Act.
54	54	22 SECTION 3. No essential worker shall be required to perform “Essential Services” work
55	55	23under the following conditions: (1) if the worker reasonably believes that working in the
56	56	24workplace would seriously threaten their health or safety; (2) if the worker has a health condition
57	57	25that puts them at an elevated health risk arising from an immediate or imminent exposure to a
58	58	26hazard; (3) if they live with a person whose health condition would put that person at an elevated
59	59	27risk on the basis that working creates a health risk to that person; or (4) if they have to care for
60	60	28children and daycare or schools are not available following the declaration by the Governor of a
61	61	29public health state of emergency. A refusal to work shall not be grounds for discrimination,
62	62	30dismissal, discharge, reduction in hours, or any other penalty. However, this section shall not 3 of 3
63	63	31require an employer to provide pay during a period of refusal under this section, although this
64	64	32section shall not impair an employee’s right to receive pay for any other reason.
65	65	33 SECTION 4. The provisions of this law shall be enforced by the office of the attorney
66	66	34general pursuant to their authority under Section 150 of Chapter 149. However, an employee’s
67	67	35right to receive all wages due under any other statute shall not be impaired by this statute, nor
68	68	36shall an employee’s ability to enforce their rights under any other statute.
69	69	37 SECTION 5. Following the declaration by the Governor of a public health state of
70	70	38emergency, that includes or is followed by any additional executive order in furtherance of such
71	71	39declaration, any essential employer shall provide each of its essential workers, at no cost to them,
72	72	40personal protective equipment related to the public health state of emergency and recommended
73	73	41for the relevant work site or job task by the Department of Labor and Industry, the Department of
74	74	42Health, the U.S. Centers for Disease Control and Prevention, or the Occupational Safety and
75	75	43Health Administration.