Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2176 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. 4168 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2176
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Priscila S. Sousa and Manny Cruz
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 prohibiting employers from attempting to conceal violations of state wage, benefit, or tax
13	13	laws.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Priscila S. Sousa6th Middlesex1/17/2025Manny Cruz7th Essex1/17/2025 1 of 3
17	17	HOUSE DOCKET, NO. 4168 FILED ON: 1/17/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 2176
19	19	By Representatives Sousa of Framingham and Cruz of Salem, a petition (accompanied by bill,
20	20	House, No. 2176) of Priscila S. Sousa and Manny Cruz relative to employer disclosure of
21	21	immigration status to conceal violation of state wage, benefit, or tax laws. Labor and Workforce
22	22	Development.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act prohibiting employers from attempting to conceal violations of state wage, benefit, or tax
29	29	laws.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 151B of the General Laws, as appearing in the 2022 Official
33	33	2Edition, is hereby amended by inserting after section 3AAAA the following section:-
34	34	3 Section 3BBBB. Employer disclosure of immigration status to conceal violation of State
35	35	4wage, benefit, tax laws, prohibited; penalties.
36	36	5 (a) If the Attorney General’s Fair Labor Division finds that an employer has, for the
37	37	6purpose of concealing any violation of State wage, benefit and tax laws, disclosed or threatened
38	38	7to disclose to a public body an employee's immigration status, the Division is, in addition to
39	39	8imposing any other remedies or penalties authorized by law, authorized to assess and collect an
40	40	9administrative penalty as follows:
41	41	10 (1) for the first violation, an administrative penalty not to exceed $2,500; 2 of 3
42	42	11 (2) for the second violation, an administrative penalty not to exceed $5,000; and
43	43	12 (3) for any subsequent violation, an administrative penalty not to exceed $10,000.
44	44	13 (b) When determining the amount of the administrative penalty imposed pursuant to
45	45	14subsection (a) of this section, the Division shall consider factors which include the history of
46	46	15previous violations by the employer, the seriousness of the violation, the good faith of the
47	47	16employer, and the size of the employer's business. No administrative penalty shall be levied
48	48	17pursuant to this section unless the Division provides the alleged violator with notification of the
49	49	18violation and of the amount of administrative penalty and unless the Division provides the
50	50	19alleged violator an opportunity to request a hearing before the Division or a designee deemed
51	51	20appropriate by the Attorney General.
52	52	21 (c) For violations of subsection (a) of this section that occur for the purpose of concealing
53	53	22a violation of any State wage, benefit, or tax law, other than the State unemployment and
54	54	23disability benefits laws, the alleged violator may request a hearing within 15 days following
55	55	24receipt of the notice. If a hearing is requested, the Division shall issue a final order upon such
56	56	25hearing and a finding that the violation has occurred. If no hearing is requested, the notice shall
57	57	26become a final order upon expiration of the 15-day period. For violations subject to this
58	58	27subsection (c), payment of the administrative penalty shall be due when the final order is issued
59	59	28or when the notice becomes the final order.
60	60	29 (d) For violations of subsection (a) of this section that occur for the purpose of concealing
61	61	30a violation of the State unemployment and disability benefits laws, the alleged violator may
62	62	31request a hearing in the manner and within the time prescribed by those laws, and payment of the 3 of 3
63	63	32administrative penalty shall be due when assessment for contributions, penalties and interest are
64	64	33due.
65	65	34 (e) Any administrative penalty imposed pursuant to this section may be recovered with
66	66	35costs in a summary proceeding commenced by the Division or a designee deemed appropriate by
67	67	36the Attorney General.
68	68	37 (f) Any sum collected as an administrative penalty pursuant to this section shall be
69	69	38applied toward enforcement and administration costs of the Attorney General’s Fair Labor
70	70	39Division within the Office of the Attorney General responsible for enforcement of the State wage
71	71	40law, the violation of which the employer sought to conceal by disclosing or threatening to
72	72	41disclose an employee's immigration status. Nothing in this section shall prevent the Division
73	73	42from assessing interest, penalties, or other fees allowable by law.
74	74	43 (g) The Attorney General’s Office shall provide annual report annually of such violations
75	75	44to the legislature no later than December 31st to the House and Senate Clerk.