Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2117 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1853 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2117
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kenneth I. Gordon
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 protecting wages of deceased employees.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kenneth I. Gordon21st Middlesex1/15/2025 1 of 2
16	16	HOUSE DOCKET, NO. 1853 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2117
18	18	By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 2117) of
19	19	Kenneth I. Gordon relative to wages of deceased employees. Labor and Workforce
20	20	Development.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to protecting wages of deceased employees.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 178A of Chapter 149 of the General Laws, as appearing in the 2022
30	30	2official edition, is hereby amended by striking the entire section and inserting in place thereof the
31	31	3following section:-
32	32	4 Section 178A.
33	33	5 (a) In the event of the death of an employee all wages due to the deceased employee at
34	34	6the time of death, may, upon proper demand on the employer, be paid, in the absence of actual
35	35	7notice of the pendency of probate proceedings, without requiring letters testamentary or of
36	36	8administration in the following order of preference to decedent's:
37	37	9 (i) surviving spouse;
38	38	10 (ii) children 18 years of age and over in equal shares, or to the guardian of children under
39	39	1118 years of age; 2 of 2
40	40	12 (iii) father and mother;
41	41	13 (iv) sibling; or
42	42	14 (v) another person not otherwise identified above who pays the funeral expenses.
43	43	15 (b) Payments under subsection (a) of this section shall constitute a full discharge of all
44	44	16obligations of the employer with respect to such wages and shall hold the employer harmless
45	45	17from any liability in any legal action brought after the payment of these wages.
46	46	18 (c) Any employer receiving a proper demand for wages under the statute shall retain the
47	47	19demand and any supporting documentation, as well as proof of payment, as part of the
48	48	20employee’s personnel record as provided in chapter 149, section 52C.
49	49	21 (d) Definitions
50	50	22 “Proper demand” shall consist of a written request in the form of an affidavit sworn to
51	51	23under penalty of perjury by the individual or individuals identified in subsection (a) above,
52	52	24indicating that the individual or individuals are entitled to the wages under subsection (a), and
53	53	25with the following supporting documentation:
54	54	26 (i) written notice of the employee’s death such as an obituary or death notice;
55	55	27 (ii) written evidence of the relationship between the deceased employee and the
56	56	28individual requesting the payment of final wages; and
57	57	29 (iii) in the event that the demand is from a person who is not next of kin as described in
58	58	30subsection (a), evidence that the claimant paid for the decedent employee’s funeral.
59	59	31 “Wages” shall have the same meaning as defined in chapter 149, section 148.