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SENATE DOCKET, NO. 953         FILED ON: 1/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 965

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bruce E. Tarr

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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 relative to willfull violations of the wage law..

_______________

PETITION OF:

 

Name:

District/Address:

Bruce E. Tarr

 

Michael R. Knapik

 

Richard J. Ross

Norfolk, Bristol, and Middlesex


SENATE DOCKET, NO. 953        FILED ON: 1/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 965

By Mr. Tarr, petition (accompanied by bill, Senate, No. 965) of Ross, Knapik and Tarr for legislation relative to willfull violations of the wage law [Joint Committee on Labor and Workforce Development].

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 719 OF 2009-2010.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

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An Act relative to willfull violations of the wage law..
 

              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 27 of chapter149, as amended by chapter 80 of the acts of 2008, is hereby amended by inserting at the end of sections 1, 2, 3, 4 and 5 the following sentence: - “If, however, an employer shows by clear and convincing evidence to the court that the act or omission giving rise to such action was in good faith and that the employer had reasonable grounds for believing that its act or omission was not a violation, the court, may in its sound discretion, award no liquidated damages or award any amount thereof not to exceed three times the amount of the employee’s lost wages and benefits.”

                          And be it further amended by inserting at the end of section 6 the following sentence:- “If, however, an employer shows by clear and convincing evidence to the court that the act or omission giving rise to such action was in good faith and that the employer had reasonable grounds for believing that its act or omission was not a violation, the court, may in its sound discretion, award no liquidated damages or award any amount thereof not to exceed three times the amount of the employee’s lost overtime and compensation.”

                          And be it further amended by inserting at the end of section 7 the following sentence:- “If, however, an employer shows by clear and convincing evidence to the court that the act or omission giving rise to such action was in good faith and that the employer had reasonable grounds for believing that its act or omission was not a violation, the court, may in its sound discretion, award no liquidated damages or award any amount thereof not to exceed three times the amount of the loss of minimum wage.”

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