HOUSE DOCKET, NO. 2936        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2004

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bradley H. Jones, Jr.

_________________

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 relative to commissioned employees.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Bradley H. Jones, Jr.

20th Middlesex

2/8/2021

Susan Williams Gifford

2nd Plymouth

2/25/2021

Paul K. Frost

7th Worcester

3/11/2021

Mathew J. Muratore

1st Plymouth

3/25/2021

Steven S. Howitt

4th Bristol

4/7/2021


HOUSE DOCKET, NO. 2936        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2004

By Mr. Jones of North Reading, a petition (accompanied by bill, House, No. 2004) of Bradley H. Jones, Jr., and others relative to commissioned employees.  Labor and Workforce Development.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

An Act relative to commissioned employees.

 

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 150 of chapter 149 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following paragraph:- An employer shall not be subject to any liability or punishment for or on account of its failure to pay for work on a Sunday or a recognized holiday under sections 6, 13 or 16 of chapter 136, if the employer pleads and proves by a preponderance of the evidence that it acted in good faith in conformity with a written opinion letter of the department or of an agency of the commonwealth which has or had at the time the authority to administer or interpret said law. Such a defense, if established, shall be a bar to the action if the administrative interpretation was in effect at the time of the violation, even if it is later modified, rescinded, or determined by judicial authority to be invalid or of no legal effect. For purposes of this paragraph, the term "employer" shall extend to the persons described in the sixth paragraph of section 148.

SECTION 2. The first paragraph of section 1B of said chapter 151, as so appearing, is hereby amended by inserting after the second sentence, the following two sentences:- An employer or the officer or agent of any domestic or foreign corporation shall not be subject to any liability or punishment for or on account of its failure to pay overtime compensation in violation of this section if the employer or the officer or agent of any such corporation pleads and proves by a preponderance of the evidence that it acted in good faith in conformity with a written opinion letter of the department or of an agency of the commonwealth which has or had at the time the authority to administer or interpret said law. Such a defense, if established, shall be a bar to the action if the administrative interpretation was in effect at the time of the violation, even if it is later modified, rescinded, or determined by judicial authority to be invalid or of no legal effect.

SECTION 3. Sections 1 and 2 shall be effective for all causes of action accruing before, on, or after the date of enactment, including any cause of action now pending.