SENATE DOCKET, NO. 852        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1024

The Commonwealth of Massachusetts

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PRESENTED BY:

Daniel A. Wolf

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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 to establish a living wage for employees of big box retail stores and fast food chains.

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PETITION OF:

SENATE DOCKET, NO. 852        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1024

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act to establish a living wage for employees of big box retail stores and fast food chains.

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 2 of chapter 151 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting at the end thereof the following new definitions:-

“Fast food or big box retail employer,” an individual, corporation, partnership or other entity, or group of individuals or entities, including any agent thereof, that (a) employs 200 or more fast food or big box retail employees in the commonwealth, whether directly or through a contractor or subcontractor such as a temporary or staffing agency or a cleaning or security contractor, or (b) is a fast food franchisor, or a fast food franchisee of a fast food franchisor, where the franchisor and the franchisees of that fast food franchisor together employ a total of 200 or more fast food employees in the commonwealth.  Any such contractor or subcontractor, fast food franchisor, or fast food franchisee shall qualify as a fast food or big box retail employer and shall be jointly and severally liable for compliance with the minimum wage and other wage and hour requirements for fast food or retail employers.

“Fast food or big box retail employee,” any employee working on the premises of a fast food restaurant or big box retail store, including employees employed through the services of a contractor or subcontractor such as a temporary or staffing agency or a cleaning or security contractor.

“Fast food restaurant” or “fast food,” a restaurant where patrons generally order or select items and pay before eating, which has a limited menu, items prepared in advance or prepared or heated quickly, and food served in disposable wrapping or containers.

“Fast food franchisee,” an individual, corporation, partnership or other entity, or group of individuals or entities, that operates one or more fast food restaurants in the commonwealth under a franchise agreement with another individual, corporation, partnership or other entity, or group of individuals or entities.

“Fast food franchisor,” an individual, corporation, partnership or other entity, or group of individuals or entities, that grants a fast food franchisee the right to operate one or more fast food restaurants in the commonwealth under its trademark or trade name.

“Big box retail store,” a retail business where merchandise is sold on the premises that has a sales area of 25,000 square feet or more.

SECTION 2. Said chapter 151 is hereby further amended by striking out section 1, as so appearing, as amended by sections 28 and 31 of chapter 144 of the acts of 2014, and inserting in place thereof the following section:-

Section 1.  It is hereby declared to be against public policy for any employer to employ any person in an occupation in this commonwealth at an oppressive and unreasonable wage as defined in section two, and any contract, agreement or understanding for or in relation to such employment shall be null and void.  For a fast food or big box retail employer, a wage of less than $12.00 per hour shall conclusively be presumed to be oppressive and unreasonable, where the term “minimum wage'' is used in this chapter.  A wage of less than $10.00 per hour, in any other occupation, as defined in this chapter, shall conclusively be presumed to be oppressive and unreasonable, where the term “minimum wage” is used in this chapter, unless the commissioner has expressly approved or shall expressly approve the establishment and payment of a lesser wage under the provisions of sections seven and nine.  Notwithstanding the provisions of this section, in no case shall the minimum wage rate be less than $.50 higher than the effective federal minimum wage rate.

SECTION 3. Said section 1 of said chapter 151 is hereby further amended by striking out the figure “$12.00”, inserted by section 2, and inserting in place thereof the following figure:- $13.50.

SECTION 4. Said section 1 of said chapter 151 is hereby further amended by striking out the figure “$13.50”, inserted by section 3, and inserting in place thereof the following figure:- $15.00.

SECTION 5.  Sections 1 and 2 shall take effect on January 1, 2016.

SECTION 6.  Section 3 shall take effect on January 1, 2017.

SECTION 7.  Section 4 shall take effect on January 1, 2018.