Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1315 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 956 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1315
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Ryan C. Fattman
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 protecting Massachusetts workers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Ryan C. FattmanWorcester and HampdenMarcus S. Vaughn9th Norfolk2/25/2025Bruce E. TarrFirst Essex and Middlesex2/26/2025Marc T. Lombardo22nd Middlesex2/27/2025 1 of 10
16	16	SENATE DOCKET, NO. 956 FILED ON: 1/15/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1315
18	18	By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1315) of Ryan C. Fattman, Marcus
19	19	S. Vaughn, Bruce E. Tarr and Marc T. Lombardo for legislation to protect Massachusetts
20	20	workers. Labor and Workforce Development.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1169 OF 2023-2024.]
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 protecting Massachusetts workers.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Chapter 149 of the General Laws, as appearing in the 2022 Official Edition, is hereby
32	32	2amended by striking out section 19C and inserting in place thereof the following section:-
33	33	3 Section 19C. (a) As used in this section, the following words shall, unless the context
34	34	4otherwise requires, have the following meanings:
35	35	5 “Agency”, any agency, department, board or commission of the commonwealth, a
36	36	6county, city or town that issues a license for purposes of operating a business.
37	37	7 “E-verify program”, the federal employment authorization verification program as jointly
38	38	8administered by the United States Department of Homeland Security and the Social Security
39	39	9Administration or any of its successor programs. 2 of 10
40	40	10 “Economic development incentive”, any grant, loan or performance-based incentive from
41	41	11any government entity awarded after January 1, 2022.
42	42	12 “Employee”, any person who provides services or labor for an employer for wages or
43	43	13other remuneration, excluding independent contractors.
44	44	14 “Employer”, any individual or type of organization that transacts business in the
45	45	15commonwealth, has a license issued by an agency in the commonwealth and employs 1 or more
46	46	16employees in this state. Employer shall include, but not be limited to, the commonwealth, any
47	47	17political subdivision thereof and self-employed persons. In the case of an independent contractor,
48	48	18employer shall mean the independent contractor and shall not mean the person or organization
49	49	19that uses the contract labor.
50	50	20 “Government entity”, the commonwealth and any political subdivision thereof that
51	51	21receives and uses tax revenues.
52	52	22 “Independent contractor”, any individual or entity that carries on an independent
53	53	23business, that contracts to do a piece of work according to the individual's or entity's own means
54	54	24and methods and that is subject to control only as to results. An independent contractor shall
55	55	25include an individual who performs services and is not an employee pursuant to section 3508 of
56	56	26the Internal Revenue Code. Whether an individual or entity is an independent contractor shall be
57	57	27determined on a case-by-case basis through various factors, including whether the individual or
58	58	28entity:
59	59	29 (1) supplies the tools or materials;
60	60	30 (2) makes services available to the general public; 3 of 10
61	61	31 (3) works or may work for a number of clients at the same time;
62	62	32 (4) has an opportunity for profit or loss as a result of labor or service provided;
63	63	33 (5) invests in the facilities for work;
64	64	34 (6) directs the order or sequence in which the work is completed; or
65	65	35 (7) determines the hours when the work is completed.
66	66	36 “Intentionally”, with respect to a result or to conduct described in this section defining an
67	67	37offense, that a person’s objective is to cause that result or to engage in that conduct.
68	68	38 “Knowingly employ an unauthorized alien”, to act in a manner described in 8 U.S.C.
69	69	391324a. This term shall be interpreted consistently with said 8 U.S.C. 1324a and any applicable
70	70	40federal rules and regulations.
71	71	41 “License”, any agency permit, certificate, approval, registration, charter or similar form
72	72	42of authorization that is required by law and that is issued by any agency for the purposes of
73	73	43operating a business in this state, including, but not limited to:
74	74	44 (1) articles of incorporation;
75	75	45 (2) certificates of limited partnership under section 8 of chapter 109;
76	76	46 (3) grants of authority issued under section 15.03 of chapter 156D; and
77	77	47 (4) sales and use tax certificates;
78	78	48 But shall not include:
79	79	49 (5) licenses issued pursuant to water or environmental regulations; and 4 of 10
80	80	50 (6) professional licenses.
81	81	51 “Social security number verification service”, the social security number verification
82	82	52service program administered by the Social Security Administration or any of its successor
83	83	53programs.
84	84	54 “Unauthorized alien”, as defined by 8 U.S.C. 1324a(h)(3). This term shall be interpreted
85	85	55consistently with said 8 U.S.C. 1324a(h)(3) and any applicable federal rules and regulations.
86	86	56 (b)(1) After hiring an employee, an employer shall verify the employment eligibility of
87	87	57the employee through the e-verify program.
88	88	58 (2) No employer shall intentionally or knowingly employ an unauthorized alien. If, when
89	89	59an employer uses a contract, subcontract or other independent contractor agreement to obtain the
90	90	60labor of an alien in the state, the employer intentionally or knowingly contracts with an
91	91	61unauthorized alien or with a person who employs or contracts with an unauthorized alien to
92	92	62perform the labor, the employer shall violate this subsection.
93	93	63 (c) The attorney general shall prescribe a complaint form for a person to allege a
94	94	64violation of subsection (b). The complainant shall not be required to list the complainant's social
95	95	65security number on the complaint form or to have the complaint form notarized. On receipt of a
96	96	66complaint on a prescribed complaint form that an employer allegedly failed to verify the
97	97	67employment eligibility of an employee through the e-verify program, or intentionally or
98	98	68knowingly employed an unauthorized alien, the attorney general or district attorney shall
99	99	69investigate whether the employer has violated subsection (b). If a complaint is received but is not
100	100	70submitted on a prescribed complaint form, the attorney general or district attorney may
101	101	71investigate whether the employer has violated subsection (b). This subsection shall not be 5 of 10
102	102	72construed to prohibit the filing of anonymous complaints that are not submitted on a prescribed
103	103	73complaint form. The attorney general or district attorney shall not investigate complaints that are
104	104	74based solely on race, color or national origin. A complaint that is submitted to a district attorney
105	105	75shall be submitted to the district attorney in the county in which the alleged unauthorized alien is
106	106	76or was employed by the employer. The county sheriff or any other local law enforcement agency
107	107	77may assist in investigating a complaint. When investigating a complaint, the attorney general or
108	108	78district attorney shall verify the work authorization of any alleged unauthorized alien with the
109	109	79federal government pursuant to 8 U.S.C. 1373(c). A state, county or local official shall not
110	110	80attempt to independently make a final determination on whether an alien is authorized to work in
111	111	81the United States. An alien’s immigration status or work authorization status shall be verified
112	112	82with the federal government pursuant to 8 U.S.C. 1373(c). Whoever knowingly files a false and
113	113	83frivolous complaint shall be punished by a fine of not more than $500, or by imprisonment of not
114	114	84more than 30 days, or both.
115	115	85 (d) If, after an investigation, the attorney general or district attorney determines that the
116	116	86complaint is not false and frivolous:
117	117	87 (1) the attorney general or district attorney shall notify the United States Immigration and
118	118	88Customs Enforcement of any unauthorized alien;
119	119	89 (2) the attorney general or district attorney shall notify the local law enforcement agency
120	120	90of any unauthorized alien; and
121	121	91 (3) the attorney general shall notify the appropriate district attorney to bring an action
122	122	92pursuant to subsection (e) if the complaint was originally filed with the attorney general. 6 of 10
123	123	93 (e) An action for a violation of subsection (b) shall be brought against the employer by
124	124	94the district attorney in the county where the violation is alleged to have occurred. The district
125	125	95attorney shall not bring an action against any employer for any violation of subsection (b) that is
126	126	96alleged to have occurred before January 1, 2022.
127	127	97 (f) For any action in superior court under this section, the court shall expedite the action,
128	128	98including assigning the hearing at the earliest practicable date.
129	129	99 (g) On a finding of a violation of subsection (b):
130	130	100 (1) For a first violation, as described in paragraph (3), the court:
131	131	101 (i) shall order the employer to terminate the employment of all unauthorized aliens;
132	132	102 (ii) shall order the employer to be subject to a 3 year probationary period for the business
133	133	103location where the unauthorized alien performed work. During the probationary period, the
134	134	104employer shall file quarterly reports with the district attorney demonstrating compliance with
135	135	105subsection (b) with respect to each new employee who is hired by the employer at the business
136	136	106location where the violation occurred;
137	137	107 (iii) shall order the employer to file a signed sworn affidavit with the district attorney
138	138	108within 3 business days after the order is issued. The affidavit shall state that the employer shall
139	139	109verify the employment eligibility of all new employees through the e-verify program, that the
140	140	110employer has terminated the employment of all unauthorized aliens in the commonwealth and
141	141	111that the employer will not intentionally or knowingly employ an unauthorized alien in the
142	142	112commonwealth. The court shall order the appropriate agencies to suspend all licenses subject to
143	143	113this clause that are held by the employer if the employer fails to file a signed sworn affidavit with 7 of 10
144	144	114the district attorney within 3 business days after the order is issued. All licenses that are
145	145	115suspended under this clause shall remain suspended until the employer files a signed sworn
146	146	116affidavit with the district attorney. Notwithstanding any other general or special law to the
147	147	117contrary, on filing of the affidavit the suspended licenses shall be reinstated immediately by the
148	148	118appropriate agencies. For the purposes of this clause, the licenses subject to suspension shall be
149	149	119all licenses that are held by the employer specific to the business location where the unauthorized
150	150	120alien performed work. If the employer does not hold a license specific to the business location
151	151	121where the violation occurred, but a license is necessary to operate the employer's business in
152	152	122general, the licenses that are subject to suspension shall be all licenses that are held by the
153	153	123employer at the employer's primary place of business. On receipt of the court’s order and
154	154	124notwithstanding any other law, the appropriate agencies shall suspend the licenses according to
155	155	125the court's order. The court shall send a copy of the court's order to the attorney general and the
156	156	126attorney general shall maintain the copy pursuant to subsection (h); and
157	157	127 (iv) may order the appropriate agencies to suspend all licenses described in clause (iii)
158	158	128that are held by the employer for not longer than 10 business days. The court shall base its
159	159	129decision to suspend on any evidence or information submitted to the court during the action for a
160	160	130violation and shall consider the following factors, if relevant:
161	161	131 (A) number of unauthorized aliens employed by the employer;
162	162	132 (B) prior misconduct by the employer;
163	163	133 (C) degree of harm resulting from the violation;
164	164	134 (D) whether the employer made good faith efforts to comply with any applicable
165	165	135requirements; 8 of 10
166	166	136 (E) duration of the violation;
167	167	137 (F) role of the directors, officers or principals of the employer in the violation; and
168	168	138 (G) other factors the court deems appropriate.
169	169	139 (2) For a second violation, as described in paragraph (3), the court shall order the
170	170	140appropriate agencies to permanently revoke all licenses that are held by the employer specific to
171	171	141the business location where the violation occurred. If the employer does not hold a license
172	172	142specific to the business location where the violation occurred, but a license is necessary to
173	173	143operate the employer's business in general, the court shall order the appropriate agencies to
174	174	144permanently revoke all licenses that are held by the employer at the employer's primary place of
175	175	145business. On receipt of the order and notwithstanding any other law, the appropriate agencies
176	176	146shall immediately revoke the licenses.
177	177	147 (3) The violation shall be considered:
178	178	148 (i) A first violation by an employer at a business location if the violation did not occur
179	179	149during a probationary period ordered by the court under this subsection for that employer's
180	180	150business location.
181	181	151 (ii) A second violation by an employer at a business location if the violation occurred
182	182	152during a probationary period ordered by the court under this subsection for that employer's
183	183	153business location.
184	184	154 (h) The attorney general shall maintain copies of court orders that are received pursuant
185	185	155to subsection (g), shall maintain a database of the employers and business locations that have a 9 of 10
186	186	156first violation of subsection (b) and make the court orders available on the attorney general's
187	187	157website.
188	188	158 (i) On determining whether an employee is an unauthorized alien, the court shall consider
189	189	159only the federal government’s determination pursuant to 8 U.S.C. 1373(c). The federal
190	190	160government's determination shall create a rebuttable presumption of the employee's lawful status.
191	191	161The court may take judicial notice of the federal government's determination and may request the
192	192	162federal government to provide automated or testimonial verification pursuant to 8 U.S.C.
193	193	1631373(c).
194	194	164 (j) For the purposes of this section, proof of verifying the employment authorization of an
195	195	165employee through the e-verify program creates a rebuttable presumption that an employer did
196	196	166not intentionally or knowingly employ an unauthorized alien.
197	197	167 (k) For the purposes of this subsection, an employer that establishes that it has complied
198	198	168in good faith with the requirements of 8 U.S.C. 1324a(b) establishes an affirmative defense that
199	199	169the employer did not intentionally or knowingly employ an unauthorized alien. An employer is
200	200	170considered to have complied with the requirements of 8 U.S.C. 1324a(b), notwithstanding an
201	201	171isolated, sporadic or accidental technical or procedural failure to meet the requirements, if there
202	202	172is a good faith attempt to comply with the requirements.
203	203	173 (l) This section shall not be construed to require an employer to take any action that the
204	204	174employer believes in good faith would violate federal or state law.
205	205	175 (m) In addition to any other requirement for an employer to receive an economic
206	206	176development incentive from a government entity, the employer shall register with and participate
207	207	177in the e-verify program. Before receiving the economic development incentive, the employer 10 of 10
208	208	178shall provide proof to the government entity that the employer is registered with and is
209	209	179participating in the e-verify program. If the government entity determines that the employer is
210	210	180not complying with this subsection, the government entity shall notify the employer by certified
211	211	181mail of the government entity's determination of noncompliance and the employer's right to
212	212	182appeal the determination. On a final determination of noncompliance, the employer shall repay
213	213	183all monies received as an economic development incentive to the government entity within 30
214	214	184days of the final determination.
215	215	185 (n) Every 3 months the attorney general shall request from the United States Department
216	216	186of Homeland Security a list of employers from the commonwealth that are registered with the e-
217	217	187verify program. On receipt of the list of employers, the attorney general shall make the list
218	218	188available on the attorney general's website.
219	219	189 (o) The attorney general shall develop a statewide random auditing program to inspect
220	220	190employers for compliance with the provisions of this section and shall promulgate regulations
221	221	191governing the implementation of the audit program.