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