Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2069 Compare Versions

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22 HOUSE DOCKET, NO. 4081 FILED ON: 1/17/2025
33 HOUSE . . . . . . . . . . . . . . . No. 2069
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 David Biele
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act regarding trash and recycling collectors, moving contractors, and motor bus pupil
1313 transporters.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:David Biele4th Suffolk1/17/2025 1 of 5
1717 HOUSE DOCKET, NO. 4081 FILED ON: 1/17/2025
1818 HOUSE . . . . . . . . . . . . . . . No. 2069
1919 By Representative Biele of Boston, a petition (accompanied by bill, House, No. 2069) of David
2020 Biele relative to the wages of trash and recycling collectors, moving contractors, and motor bus
2121 pupil transporters. Labor and Workforce Development.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act regarding trash and recycling collectors, moving contractors, and motor bus pupil
2828 transporters.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 149 of the General Laws, as appearing in the 2022 official edition,
3232 2is hereby amended in section 27F by striking said section and inserting in place thereof the
3333 3following:-
3434 4 “Section 27F: Wages of operators of rented equipment; agreements; penalty; civil action
3535 5 Section 27F. No agreement of lease, rental or other arrangement, and no order or
3636 6requisition under which a truck or any automotive or other vehicle or equipment is to be engaged
3737 7in public works by the Commonwealth or by a county, city, town or district, shall be entered into
3838 8or given by any public official or public body unless said agreement, order or requisition
3939 9contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to
4040 10be paid to the operators of said trucks, vehicles or equipment. Any such agreement, order or
4141 11requisition which does not contain said stipulation shall be invalid, and no payment shall be 2 of 5
4242 12made thereunder. Said rates of wages shall be requested of said commissioner by said public
4343 13official or public body, and shall be furnished by the commissioner in a schedule containing the
4444 14classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall
4545 15include payments to health and welfare plans, pension plans, or, if no such plan is in effect
4646 16between employers and employees, the amount of such payments shall be paid directly to said
4747 17operators.
4848 18 Whoever pays less than said rates of wages, including payments to health and welfare
4949 19funds, pension plans or the equivalent in wages, on said works, and whoever accepts for his own
5050 20use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or
5151 21portion of said wages or health and welfare funds, pension plans shall have violated this section
5252 22and shall be punished or shall be subject to a civil citation or order as provided in section 27C.
5353 23 An employee claiming to be aggrieved by a violation of this section may, 90 days after
5454 24the filing of a complaint with the attorney general, or sooner if the attorney general assents in
5555 25writing, and within 3 years after the violation, institute and prosecute in his own name and on his
5656 26own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for
5757 27any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who
5858 28prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost
5959 29wages and other benefits and shall also be awarded the costs of the litigation and reasonable
6060 30attorneys' fees.”
6161 31 SECTION 2. Chapter 149 of the General Laws, as appearing in the 2022 official edition,
6262 32is hereby amended in section 27G by striking said section and inserting in place thereof the
6363 33following:- 3 of 5
6464 34 “Section 27G: Wages of employees of moving contractors; contracts; injunctive relief;
6565 35damages
6666 36 Section 27G. No contract for the moving of office furniture and fixtures shall be entered
6767 37into or given by the commonwealth or by a county, city, town or district unless said contract
6868 38contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to
6969 39be paid to the employees of a moving contractor. Any such contract which does not contain said
7070 40stipulation shall be invalid, and no payment shall be made thereunder. Said rates of wages shall
7171 41be requested of the commissioner by the commonwealth or by a county, city, town or district,
7272 42and shall be furnished by the commissioner in a schedule containing the classifications of jobs
7373 43and the rate of wages to be paid for each job. Said rates of wages shall include payments to
7474 44health and welfare plans, pension plans or, if no such plan is in effect between employers and
7575 45employees, the amount of such payments shall be paid directly to said employees.
7676 46 An employee claiming to be aggrieved by a violation of this section may, 90 days after
7777 47the filing of a complaint with the attorney general, or sooner if the attorney general assents in
7878 48writing, and within 3 years after the violation, institute and prosecute in his own name and on his
7979 49own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for
8080 50any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who
8181 51prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost
8282 52wages and other benefits and shall also be awarded the costs of the litigation and reasonable
8383 53attorneys' fees.” 4 of 5
8484 54 SECTION 3. Chapter 149 of the General Laws, as appearing in the 2022 official edition,
8585 55is hereby amended in section 27I by striking said section and inserting in place thereof the
8686 56following:-
8787 57 “Section 27I: Wages of school bus drivers; contracts; injunctive relief; damages
8888 58 Section 27I. No contract for the transportation of pupils in the Commonwealth shall be
8989 59entered into or given by a county, city, town or school district unless said contract contains a
9090 60stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to
9191 61the employees of a motor bus company as defined by Section 7A of Chapter 71 of the
9292 62Massachusetts General Laws. Any such contract which does not contain said stipulation shall be
9393 63invalid, and no payment shall be made thereunder. Said rates of wages shall be requested of the
9494 64commissioner by the Commonwealth or by a county, city, town or school district, and shall be
9595 65furnished by the commissioner in a schedule containing the classifications of jobs and the rate of
9696 66wages to be paid for each job. Said rates of wages shall include payments to health and welfare
9797 67plans, pension plans or, if no such plan is in effect between employers and employees, the
9898 68amount of such payments shall be paid directly to said employees.
9999 69 An employee claiming to be aggrieved by a violation of this section may, 90 days after
100100 70the filing of a complaint with the attorney general, or sooner if the attorney general assents in
101101 71writing, and within 3 years after the violation, institute and prosecute in his own name and on his
102102 72own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for
103103 73any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who
104104 74prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost 5 of 5
105105 75wages and other benefits and shall also be awarded the costs of the litigation and reasonable
106106 76attorneys' fees.”