1 of 1 HOUSE DOCKET, NO. 514 FILED ON: 1/9/2025 HOUSE . . . . . . . . . . . . . . . No. 2163 The Commonwealth of Massachusetts _________________ PRESENTED BY: Jeffrey N. Roy _________________ 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 clarifying the process for paying the wages of dismissed employees. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey N. Roy10th Norfolk1/9/2025 1 of 2 HOUSE DOCKET, NO. 514 FILED ON: 1/9/2025 HOUSE . . . . . . . . . . . . . . . No. 2163 By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 2163) of Jeffrey N. Roy relative to clarifying the process for paying the wages of dismissed employees. Labor and Workforce Development. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE HOUSE, NO. 1944 OF 2023-2024.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act clarifying the process for paying the wages of dismissed employees. 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. Section 150 of chapter 149 of the General Laws is hereby amended by 2inserting after the word “him”, in the second sentence, the following:- 3 “or the payment of demanded wages pursuant to section 204 of this chapter,” 4 SECTION 2. Chapter 149 of the General Laws is hereby amended by inserting after 5section 203 the following section:- 6 Section 204. Right to Cure 7 (a) After termination of a person’s employment, claims that are brought to recover unpaid 8employment-based compensation resulting from a violation of sections 33E, 52E, 148, 148A, 9148B, 148C, 150C, 152, 152A, 159C or 190 or section 19 of chapter 15 and that seek treble 2 of 2 10damages under section 150 of chapter 149 shall be preceded by a written demand for relief to the 11employer specifying those sums due and the reasons therefor. Upon receipt of such a demand for 12relief, the employer shall have fifteen business days to cure any asserted deficiency by making 13payment in full to the aggrieved claimant. The employer shall have no liability for attorneys’ fees 14or for treble damages under section 150 of chapter 149 should the employer cure the violation by 15paying, within fifteen days of receiving the written demand, any deficiency in such 16compensation payments: (i) that are indisputably due; or (ii) upon a showing that the violation 17was the result of a good faith miscalculation, error or reliance on erroneous information from a 18third party. 19 (b) In any action that is brought to recover unpaid employment-based compensation 20resulting from a violation of sections 33E, 52E, 148, 148A, 148B, 148C, 150C, 152, 152A, 159C 21or 190 or section 19 of chapter 151 and that seeks treble damages under section 150 of chapter 22149, if the employer shows to the satisfaction of the court that the employer’s act or omission 23giving rise to such action was in good faith, and that the employer had reasonable grounds for 24believing that its act or omission was not a violation of such laws, the court may, in its sound 25discretion, award no statutory or treble damages.