Amendment #793 to H.4000

Amendment #793 to H4000

Treble damages

Representatives O'Connell of Taunton, Diehl of Whitman and Lombardo of Billerica move to amend the bill by adding the following section:-

“SECTION XXXX: SECTION 1. Section 27 of chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits. Any employee so aggrieved who prevails in such an action shall, if the violation is willful, be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, however, that any employee so aggrieved who prevails in such an action shall, if the violation is not willful, be awarded damages as determined by the court for any lost wages and other benefits and may also be awarded the costs of the litigation and reasonable attorneys' fees.

SECTION 2. Section 27F of said chapter 149, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits. Any employee so aggrieved who prevails in such an action shall, if the violation is willful, be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, however, that any employee so aggrieved who prevails in such an action shall, if the violation is not willful, be awarded damages as determined by the court for any lost wages and other benefits and may also be awarded the costs of the litigation and reasonable attorneys' fees.

SECTION 3. Section 27G of said chapter 149, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits. Any employee so aggrieved who prevails in such an action shall if the violation is willful, be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, however, that any employee so aggrieved who prevails in such an action shall, if the violation is not willful, be awarded damages as determined by the court for any lost wages and other benefits and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees.

SECTION 4. Section 27H of said chapter 149, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

SECTION 5. Section 150 of said chapter 149, as so appearing, is heareby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

Any employee claiming to be aggrieved by a violation of sections 33E, 148, 148A, 148B, 150C, 152, 152A or 159C or section 19 of chapter 151 may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits. Any employee so aggrieved and who prevails in such an action shall, if the violation is willful, be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, however, that any employee so aggrieved who prevails in such an action shall, if the violation is not willful, be awarded damages as determined by the court for any lost wages and other benefits and may also be awarded the costs of the litigation and reasonable attorneys' fees."