Rejected

9

Living Wage

Messrs. Joyce and Eldridge moved that the bill be amended by adding the follow sections:

SECTION XX. The Division of Labor Standards shall calculate a minimum living wage for each county in the Commonwealth of Massachusetts by July 1, 2014. The living wage shall be the hourly wage at which a family of four could reasonably sustain itself in the county based on forty hours of work per week for fifty weeks per year. The living wage shall not be lower than the state minimum wage.

SECTION XX. Chapter 151 of the General Laws is hereby amended by inserting after section 1B the following section:-

Section 1C. Living Wage.

(1) The following words and phrases as used in this section shall have the following meanings, unless the context clearly requires otherwise:

"Assistance,” any grant, loan, tax incentive, bond financing, subsidy, appropriation or other form of assistance valued at least $100,000 that an employer receives by or through the authority or approval of the Commonwealth of Massachusetts; or any service contract, as defined herein, of at least $100,000 with the Commonwealth that is made with an employer to provide; or any service subcontract, as defined herein, of at least $100,000.

"Beneficiary," any person who is a recipient of Assistance; or any company or person that is a tenant or sub-tenant, leaseholder or sub-leaseholder of a recipient of Assistance, provided that said company or person employs at least 25 persons and occupies property or uses equipment or property that is improved or developed as a result of Assistance, after the effective date of this Chapter.

"Covered Employer," any Beneficiary of Assistance.

"Covered Employee," a person employed by a Covered Employer, or a person employed by an independent contractor doing business with a Covered Employer, who would directly expend any of his or her time on the activities funded by the contract or the activities for which the Beneficiary received the Assistance.

"Person," one or more of the following or their agents, employees, servants, representatives, and legal representatives: individuals, corporations, partnerships, joint ventures, associations, labor organizations, educational institutions, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries, and all other entities recognized at law by the Commonwealth of Massachusetts.

“Service Contract,” a contract let to a contractor by Commonwealth of Massachusetts for the furnishing of service, except contracts where services are incidental to the delivery of products, equipment or commodities. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not a “service contract” for the purposes of this definition.

“Service Subcontract,” a subcontract primarily for the furnishing of services, to or for a recipient of Assistance, except where services are incidental to the delivery of products, equipment or commodities. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not a “service subcontract” for the purposes of this definition.

(2) Applicability. Covered Employers shall pay no less than the Living Wage to their employees, as defined for the county in which the employee performs work.

(a) No reduction in collective bargaining wage rates. Nothing in this section shall be read to require or authorize any beneficiary to reduce wages set by a collective bargaining agreement.

(b) Cuts in non-wage benefits prohibited. No Beneficiary shall fund wage increases required by this section, or otherwise respond to the provisions of this section, by reducing the health, insurance, pension, vacation, or other non-wage benefits of any of its employees.

(3) The Department of Labor Standards shall promulgate regulations which shall include, but not be limited to waivers, exemptions, notification, duties of covered employees, and enforcement.

(4) This section shall go into effect on July 1, 2015.