HOUSE DOCKET, NO. 1409        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1609

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Daniel M. Donahue

_________________

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 updating overtime protections to protect the Commonwealth's middle class workers.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Daniel M. Donahue

16th Worcester

1/16/2019

John Barrett, III

1st Berkshire

1/29/2019

Harriette L. Chandler

First Worcester

2/1/2019

Mike Connolly

26th Middlesex

1/31/2019

Marjorie C. Decker

25th Middlesex

1/31/2019

Mindy Domb

3rd Hampshire

1/30/2019

Nika C. Elugardo

15th Suffolk

2/1/2019

Denise C. Garlick

13th Norfolk

1/30/2019

Carlos González

10th Hampden

2/1/2019

Tami L. Gouveia

14th Middlesex

2/1/2019

Stephan Hay

3rd Worcester

2/1/2019

Jonathan Hecht

29th Middlesex

2/1/2019

Natalie M. Higgins

4th Worcester

1/30/2019

Patricia D. Jehlen

Second Middlesex

1/31/2019

Patrick Joseph Kearney

4th Plymouth

2/1/2019

Mary S. Keefe

15th Worcester

1/28/2019

David Henry Argosky LeBoeuf

17th Worcester

1/23/2019

Jack Patrick Lewis

7th Middlesex

1/29/2019

Jason M. Lewis

Fifth Middlesex

1/23/2019

David Paul Linsky

5th Middlesex

1/30/2019

Paul W. Mark

2nd Berkshire

2/1/2019

Liz Miranda

5th Suffolk

1/30/2019

Brian W. Murray

10th Worcester

1/30/2019

James J. O'Day

14th Worcester

1/24/2019

David M. Rogers

24th Middlesex

1/28/2019

José F. Tosado

9th Hampden

1/29/2019

Steven Ultrino

33rd Middlesex

1/23/2019

Tommy Vitolo

15th Norfolk

1/30/2019

Bud L. Williams

11th Hampden

1/30/2019


HOUSE DOCKET, NO. 1409        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1609

By Mr. Donahue of Worcester, a petition (accompanied by bill, House, No. 1609) of Daniel M. Donahue and others relative to overtime protections for certain middle class workers.  Labor and Workforce Development.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act updating overtime protections to protect the Commonwealth's middle class workers.

 

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.  The second paragraph of section 1A of chapter 151 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out clauses (1), (7), (9), (12), (13), (14), (15), (16) and (17), and renumbering the remaining clauses in consecutive order.

SECTION 2.  Section 1A of chapter 151 of the General Laws, as so appearing, is hereby amended by striking out, in line 29, the words “eighty dollars per week” and by inserting in place thereof the following words:-

the salary threshold established by section 1C of this chapter; provided, however, that an employee who teaches as an adjunct or non-tenure-track faculty member at a college or university shall not qualify as an exempt executive, administrative or professional person or qualified trainee for such position.

SECTION 3.  Chapter 151 of the General Laws is hereby amended by inserting after section 1B the following section:-

Section 1C. Overtime pay salary threshold for executive, administrative or professional exemption.

For purposes of section 1A of this chapter, the salary threshold below which a bona fide executive, or administrative or professional person or qualified trainee for such position shall automatically be subject to the overtime pay requirements of said section shall be regular compensation that, when converted to an annual, full-time equivalent rate, equals the overtime threshold rate established by the second paragraph of this section, any higher rate that the commissioner shall establish by regulation, or the annualized rate established by the United States Department of Labor under the federal Fair Labor Standards Act, whichever is higher.

Beginning January 1, 2021, the overtime threshold rate shall be no less than $35,000; beginning January 1, 2022, the overtime threshold rate shall be no less than $45,000; beginning January 1, 2023, the overtime threshold rate shall be no less than $55,000; beginning January 1, 2024, the overtime threshold rate shall be no less than $64,000. Beginning January 1, 2025, and each January 1 thereafter, the overtime threshold rate shall be no less than the higher of the following rates: the annual earnings of a full-time employee employed for 2080 hours per year at 2 times the minimum wage established under section 1 of this chapter, or the overtime threshold rate from the preceding year increased by the percentage annual increase, if any, in the second quartile of the usual weekly earnings for full-time wage and salary workers, or its successor index, as published by the United States Department of Labor, Bureau of Labor Statistics, or its successor agency, with the amount of the overtime threshold rate increase rounded to the nearest dollar.