HOUSE DOCKET, NO. 159        FILED ON: 1/7/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1777

The Commonwealth of Massachusetts

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PRESENTED BY:

Martha M. Walz

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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 regarding treble damages.

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PETITION OF:

HOUSE DOCKET, NO. 159        FILED ON: 1/7/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1777

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1411 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act regarding treble damages.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to revise employee claims and awards for damages, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

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 chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits.  Any employee so aggrieved who prevails in such an action shall, if the violation is willful, be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, however, that any employee so aggrieved who prevails in such an action shall, if the violation is not willful, be awarded damages as determined by the court for any lost wages and other benefits and may also be awarded the costs of the litigation and reasonable attorneys' fees.

SECTION 2.  Section 27F of said chapter 149, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits.  Any employee so aggrieved who prevails in such an action shall, if the violation is willful, be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, however, that any employee so aggrieved who prevails in such an action shall, if the violation is not willful, be awarded damages as determined by the court for any lost wages and other benefits and may also be awarded the costs of the litigation and reasonable attorneys' fees.

SECTION 3.  Section 27G of said chapter 149, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits.  Any employee so aggrieved who prevails in such an action shall if the violation is willful, be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, however, that any employee so aggrieved who prevails in such an action shall, if the violation is not willful, be awarded damages as determined by the court for any lost wages and other benefits and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees.

SECTION 4.  Section 27H of said chapter 149, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits.  Any employee so aggrieved who prevails in such an action shall, if the violation is willful, be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, however, that any employee so aggrieved who prevails in such an action shall, if the violation is not willful, be awarded damages as determined by the court for any lost wages and other benefits and may also be awarded the costs of the litigation and reasonable attorneys' fees.

SECTION  5. Section 150 of said chapter 149, as so appearing, is heareby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

Any employee claiming to be aggrieved by a violation of sections 33E, 148, 148A, 148B, 150C, 152, 152A or 159C or section 19 of chapter 151 may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits.  Any employee so aggrieved and who prevails in such an action shall, if the violation is willful, be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, however, that any employee so aggrieved who prevails in such an action shall, if the violation is not willful, be awarded damages as determined by the court for any lost wages and other benefits and may also be awarded the costs of the litigation and reasonable attorneys' fees.