In 2008, the Massachusetts legislature cracked down on employers who violate the Commonwealth’s wage laws by imposing mandatory treble damages and attorneys’ fees for any violation, with no leniency for good faith errors. Earlier this month, the SJC doubled down on this enforcement regime, finding that such treble damages and fees apply even where the violation is remediated voluntarily by the employer, without the need for litigation. To date, no other state in the country has adopted such a stringent approach to enforcement of wage and hour laws. But the Massachusetts legislature is not content to stop there.
In January 2021, the House introduced a Bill entitled An Act to Prevent Wage Theft, Promote Employer Accountability, and Enhance Public Enforcement (House 1959). The Bill was referred to the Committee on Labor & Workforce Development. Following a public hearing last summer, the Committee favorably reported the Bill on April 4, 2022. The revised bill (House 4681) is now pending before the Committee on House Ways & Means. Absent significant alterations, its potential impact on employers and businesses across the Commonwealth cannot be understated.
Wage Theft and “Employer” Accountability. . .
The primary focus of the pending Bill is to define any violation of the Commonwealth’s wage payment laws (including the Prevailing Wage Statute, the Wage Act, the Independent Contractor Statute, the Tip Statute, and the Minimum Fair Wage Law) as “Wage Theft,” and expand...
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