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2 | 2 | | HOUSE DOCKET, NO. 4081 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2069 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | David Biele |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act regarding trash and recycling collectors, moving contractors, and motor bus pupil |
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13 | 13 | | transporters. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:David Biele4th Suffolk1/17/2025 1 of 5 |
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17 | 17 | | HOUSE DOCKET, NO. 4081 FILED ON: 1/17/2025 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 2069 |
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19 | 19 | | By Representative Biele of Boston, a petition (accompanied by bill, House, No. 2069) of David |
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20 | 20 | | Biele relative to the wages of trash and recycling collectors, moving contractors, and motor bus |
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21 | 21 | | pupil transporters. Labor and Workforce Development. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act regarding trash and recycling collectors, moving contractors, and motor bus pupil |
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28 | 28 | | transporters. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Chapter 149 of the General Laws, as appearing in the 2022 official edition, |
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32 | 32 | | 2is hereby amended in section 27F by striking said section and inserting in place thereof the |
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33 | 33 | | 3following:- |
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34 | 34 | | 4 “Section 27F: Wages of operators of rented equipment; agreements; penalty; civil action |
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35 | 35 | | 5 Section 27F. No agreement of lease, rental or other arrangement, and no order or |
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36 | 36 | | 6requisition under which a truck or any automotive or other vehicle or equipment is to be engaged |
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37 | 37 | | 7in public works by the Commonwealth or by a county, city, town or district, shall be entered into |
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38 | 38 | | 8or given by any public official or public body unless said agreement, order or requisition |
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39 | 39 | | 9contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to |
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40 | 40 | | 10be paid to the operators of said trucks, vehicles or equipment. Any such agreement, order or |
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41 | 41 | | 11requisition which does not contain said stipulation shall be invalid, and no payment shall be 2 of 5 |
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42 | 42 | | 12made thereunder. Said rates of wages shall be requested of said commissioner by said public |
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43 | 43 | | 13official or public body, and shall be furnished by the commissioner in a schedule containing the |
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44 | 44 | | 14classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall |
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45 | 45 | | 15include payments to health and welfare plans, pension plans, or, if no such plan is in effect |
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46 | 46 | | 16between employers and employees, the amount of such payments shall be paid directly to said |
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47 | 47 | | 17operators. |
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48 | 48 | | 18 Whoever pays less than said rates of wages, including payments to health and welfare |
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49 | 49 | | 19funds, pension plans or the equivalent in wages, on said works, and whoever accepts for his own |
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50 | 50 | | 20use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or |
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51 | 51 | | 21portion of said wages or health and welfare funds, pension plans shall have violated this section |
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52 | 52 | | 22and shall be punished or shall be subject to a civil citation or order as provided in section 27C. |
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53 | 53 | | 23 An employee claiming to be aggrieved by a violation of this section may, 90 days after |
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54 | 54 | | 24the filing of a complaint with the attorney general, or sooner if the attorney general assents in |
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55 | 55 | | 25writing, and within 3 years after the violation, institute and prosecute in his own name and on his |
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56 | 56 | | 26own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for |
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57 | 57 | | 27any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who |
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58 | 58 | | 28prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost |
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59 | 59 | | 29wages and other benefits and shall also be awarded the costs of the litigation and reasonable |
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60 | 60 | | 30attorneys' fees.” |
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61 | 61 | | 31 SECTION 2. Chapter 149 of the General Laws, as appearing in the 2022 official edition, |
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62 | 62 | | 32is hereby amended in section 27G by striking said section and inserting in place thereof the |
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63 | 63 | | 33following:- 3 of 5 |
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64 | 64 | | 34 “Section 27G: Wages of employees of moving contractors; contracts; injunctive relief; |
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65 | 65 | | 35damages |
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66 | 66 | | 36 Section 27G. No contract for the moving of office furniture and fixtures shall be entered |
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67 | 67 | | 37into or given by the commonwealth or by a county, city, town or district unless said contract |
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68 | 68 | | 38contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to |
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69 | 69 | | 39be paid to the employees of a moving contractor. Any such contract which does not contain said |
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70 | 70 | | 40stipulation shall be invalid, and no payment shall be made thereunder. Said rates of wages shall |
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71 | 71 | | 41be requested of the commissioner by the commonwealth or by a county, city, town or district, |
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72 | 72 | | 42and shall be furnished by the commissioner in a schedule containing the classifications of jobs |
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73 | 73 | | 43and the rate of wages to be paid for each job. Said rates of wages shall include payments to |
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74 | 74 | | 44health and welfare plans, pension plans or, if no such plan is in effect between employers and |
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75 | 75 | | 45employees, the amount of such payments shall be paid directly to said employees. |
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76 | 76 | | 46 An employee claiming to be aggrieved by a violation of this section may, 90 days after |
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77 | 77 | | 47the filing of a complaint with the attorney general, or sooner if the attorney general assents in |
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78 | 78 | | 48writing, and within 3 years after the violation, institute and prosecute in his own name and on his |
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79 | 79 | | 49own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for |
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80 | 80 | | 50any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who |
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81 | 81 | | 51prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost |
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82 | 82 | | 52wages and other benefits and shall also be awarded the costs of the litigation and reasonable |
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83 | 83 | | 53attorneys' fees.” 4 of 5 |
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84 | 84 | | 54 SECTION 3. Chapter 149 of the General Laws, as appearing in the 2022 official edition, |
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85 | 85 | | 55is hereby amended in section 27I by striking said section and inserting in place thereof the |
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86 | 86 | | 56following:- |
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87 | 87 | | 57 “Section 27I: Wages of school bus drivers; contracts; injunctive relief; damages |
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88 | 88 | | 58 Section 27I. No contract for the transportation of pupils in the Commonwealth shall be |
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89 | 89 | | 59entered into or given by a county, city, town or school district unless said contract contains a |
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90 | 90 | | 60stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to |
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91 | 91 | | 61the employees of a motor bus company as defined by Section 7A of Chapter 71 of the |
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92 | 92 | | 62Massachusetts General Laws. Any such contract which does not contain said stipulation shall be |
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93 | 93 | | 63invalid, and no payment shall be made thereunder. Said rates of wages shall be requested of the |
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94 | 94 | | 64commissioner by the Commonwealth or by a county, city, town or school district, and shall be |
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95 | 95 | | 65furnished by the commissioner in a schedule containing the classifications of jobs and the rate of |
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96 | 96 | | 66wages to be paid for each job. Said rates of wages shall include payments to health and welfare |
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97 | 97 | | 67plans, pension plans or, if no such plan is in effect between employers and employees, the |
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98 | 98 | | 68amount of such payments shall be paid directly to said employees. |
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99 | 99 | | 69 An employee claiming to be aggrieved by a violation of this section may, 90 days after |
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100 | 100 | | 70the filing of a complaint with the attorney general, or sooner if the attorney general assents in |
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101 | 101 | | 71writing, and within 3 years after the violation, institute and prosecute in his own name and on his |
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102 | 102 | | 72own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for |
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103 | 103 | | 73any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who |
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104 | 104 | | 74prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost 5 of 5 |
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105 | 105 | | 75wages and other benefits and shall also be awarded the costs of the litigation and reasonable |
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106 | 106 | | 76attorneys' fees.” |
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