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5Order No. 21”), regardless of whether these emergency orders have been rescinded, or as defined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