Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1210 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. 592 FILED ON: 1/17/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1210
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marc R. Pacheco
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 a prevailing wage for trash and recycling collectors, moving contractors, and
13	13	motor bus pupil transporters.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Marc R. PachecoThird Bristol and Plymouth 1 of 4
17	17	SENATE DOCKET, NO. 592 FILED ON: 1/17/2023
18	18	SENATE . . . . . . . . . . . . . . No. 1210
19	19	By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1210) of Marc R. Pacheco for
20	20	legislation relative to a prevailing wage for trash and recycling collectors, moving contractors,
21	21	and motor bus pupil transporters. Labor and Workforce Development.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 1237 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 relative to a prevailing wage for trash and recycling collectors, moving contractors, and
30	30	motor bus pupil transporters.
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. Chapter 149 of the Massachusetts General Laws is hereby amended by
34	34	2striking Section 27F and inserting in place thereof the following section:
35	35	3 Section 27F: Wages of operators of rented equipment; agreements; penalty; civil action
36	36	4 Section 27F. No agreement of lease, rental or other arrangement, and no order or
37	37	5requisition under which a truck or any automotive or other vehicle or equipment is to be engaged
38	38	6in public works by the Commonwealth or by a county, city, town or district, shall be entered into
39	39	7or given by any public official or public body unless said agreement, order or requisition
40	40	8contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to
41	41	9be paid to the operators of said trucks, vehicles or equipment. Any such agreement, order or 2 of 4
42	42	10requisition which does not contain said stipulation shall be invalid, and no payment shall be
43	43	11made thereunder. Said rates of wages shall be requested of said commissioner by said public
44	44	12official or public body, and shall be furnished by the commissioner in a schedule containing the
45	45	13classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall
46	46	14include payments to health and welfare plans, pension plans, or, if no such plan is in effect
47	47	15between employers and employees, the amount of such payments shall be paid directly to said
48	48	16operators.
49	49	17 Whoever pays less than said rates of wages, including payments to health and welfare
50	50	18funds, pension plans or the equivalent in wages, on said works, and whoever accepts for his own
51	51	19use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or
52	52	20portion of said wages or health and welfare funds, pension plans shall have violated this section
53	53	21and shall be punished or shall be subject to a civil citation or order as provided in section 27C.
54	54	22 An employee claiming to be aggrieved by a violation of this section may, 90 days after
55	55	23the filing of a complaint with the attorney general, or sooner if the attorney general assents in
56	56	24writing, and within 3 years after the violation, institute and prosecute in his own name and on his
57	57	25own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for
58	58	26any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who
59	59	27prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost
60	60	28wages and other benefits and shall also be awarded the costs of the litigation and reasonable
61	61	29attorneys' fees.
62	62	30 SECTION 2. Chapter 149 of the Massachusetts General Laws is hereby amended by
63	63	31striking Section 27G and inserting in place thereof the following section: 3 of 4
64	64	32 Section 27G: Wages of employees of moving contractors; contracts; injunctive relief;
65	65	33damages
66	66	34 Section 27G. No contract for the moving of office furniture and fixtures shall be entered
67	67	35into or given by the commonwealth or by a county, city, town or district unless said contract
68	68	36contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to
69	69	37be paid to the employees of a moving contractor. Any such contract which does not contain said
70	70	38stipulation shall be invalid, and no payment shall be made thereunder. Said rates of wages shall
71	71	39be requested of the commissioner by the commonwealth or by a county, city, town or district,
72	72	40and shall be furnished by the commissioner in a schedule containing the classifications of jobs
73	73	41and the rate of wages to be paid for each job. Said rates of wages shall include payments to
74	74	42health and welfare plans, pension plans or, if no such plan is in effect between employers and
75	75	43employees, the amount of such payments shall be paid directly to said employees.
76	76	44 An employee claiming to be aggrieved by a violation of this section may, 90 days after
77	77	45the filing of a complaint with the attorney general, or sooner if the attorney general assents in
78	78	46writing, and within 3 years after the violation, institute and prosecute in his own name and on his
79	79	47own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for
80	80	48any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who
81	81	49prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost
82	82	50wages and other benefits and shall also be awarded the costs of the litigation and reasonable
83	83	51attorneys' fees.
84	84	52 SECTION 3. Chapter 149 of the Massachusetts General Laws is hereby amended by
85	85	53inserting the following section: 4 of 4
86	86	54 Section 27I: Wages of school bus drivers; contracts; injunctive relief; damages
87	87	55 Section 27I. No contract for the transportation of pupils in the Commonwealth shall be
88	88	56entered into or given by a county, city, town or school district unless said contract contains a
89	89	57stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to
90	90	58the employees of a motor bus company as defined by Section 7A of Chapter 71 of the
91	91	59Massachusetts General Laws. Any such contract which does not contain said stipulation shall be
92	92	60invalid, and no payment shall be made thereunder. Said rates of wages shall be requested of the
93	93	61commissioner by the Commonwealth or by a county, city, town or school district, and shall be
94	94	62furnished by the commissioner in a schedule containing the classifications of jobs and the rate of
95	95	63wages to be paid for each job. Said rates of wages shall include payments to health and welfare
96	96	64plans, pension plans or, if no such plan is in effect between employers and employees, the
97	97	65amount of such payments shall be paid directly to said employees.
98	98	66 An employee claiming to be aggrieved by a violation of this section may, 90 days after
99	99	67the filing of a complaint with the attorney general, or sooner if the attorney general assents in
100	100	68writing, and within 3 years after the violation, institute and prosecute in his own name and on his
101	101	69own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for
102	102	70any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who
103	103	71prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost
104	104	72wages and other benefits and shall also be awarded the costs of the litigation and reasonable
105	105	73attorneys' fees.