SENATE DOCKET, NO. 1023        FILED ON: 1/13/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 719

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Relative to Willfull Violations of the Wage Law..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 27 of chapter149, as amended by chapter 80 of the acts of 2008, is hereby amended by inserting at the end of sections 1, 2, 3, 4 and 5 the following sentence: -

“If, however, an employer shows by clear and convincing evidence to the court that the act or omission giving rise to such action was in good faith and that the employer had reasonable grounds for believing that its act or omission was not a violation, the court, may in its sound discretion, award no liquidated damages or award any amount thereof not to exceed three times the amount of the employee’s lost wages and benefits.”

And be it further amended by inserting at the end of section 6 the following sentence:-

“If, however, an employer shows by clear and convincing evidence to the court that the act or omission giving rise to such action was in good faith and that the employer had reasonable grounds for believing that its act or omission was not a violation, the court, may in its sound discretion, award no liquidated damages or award any amount thereof not to exceed three times the amount of the employee’s lost overtime and compensation.”

And be it further amended by inserting at the end of section 7 the following sentence:-

“If, however, an employer shows by clear and convincing evidence to the court that the act or omission giving rise to such action was in good faith and that the employer had reasonable grounds for believing that its act or omission was not a violation, the court, may in its sound discretion, award no liquidated damages or award any amount thereof not to exceed three times the amount of the loss of minimum wage.”