Section 1. Notwithstanding chapter 149 of the General Laws or any other special or general law to the contrary, any employer that that provides "COVID-19 Essential Services" as defined in the Governor's March 23, 2020 emergency order (“COVID-19 Order No. 13”) or in the Governor's March 31, 2020 extension order (“COVID-19 Order No. 21”), or under any order further extending these orders, shall provide hazard pay, as further defined in the following section, if it employs at least six individuals, including the proprietor. This law shall not apply to any employee employed by the Commonwealth or any of its political subdivisions.
Section 2. “Hazard pay” shall be paid for any day that the employee performs work for an employer providing COVID-19 Essential Services outside her or his home, and it shall be calculated by as one and a half times the employee’s actual earnings for any day they were required to work. This section shall not apply to a bona fide executive, administrative, or professional person exempt from overtime under the federal Fair Labor Standards Act.
Section 3. No employee shall be required to perform “COVID-19 Essential Services” work, and refusal to work for any establishment shall not be grounds for discrimination, dismissal, discharge, reduction in hours, or any other penalty.
Section 4. The provisions of this law shall be enforced by the office of the attorney general pursuant to her authority under Section 150 of Chapter 149. However, an employee’s right to receive all wages due under any other statute shall not be impaired by this statute, nor shall an employee’s ability to enforce their rights under any other statute.
Section 5. This law shall be retroactively applied from the hour of the Governor's emergency order on March 23, 2020.
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