Amendment #13 to H4502

Employer Liability Language

Representatives Kafka of Stoughton and D'Emilia of Bridgewater move to amend the bill by adding the following sections:

SECTION XX. Section 150 of chapter 149 of the General Laws, as so appearing, 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 and in reasonable reliance on any written administrative interpretation of the department or of an agency of the commonwealth  which has or had at the time the authority to interpret, regulate, or enforce 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action if the administrative interpretation was in effect at the time of the violation, even if it is later modified, rescinded, or determined by judicial authority to be invalid or of no legal effect.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 XX.  Subparagraph (4) of section 1A of chapter 151 of the General Laws, as so  appearing, is hereby amended by adding the following words:- or as an inside salesperson who is a commissioned employee who satisfies either the requirements of sections 207(i) or  213(b)(10)(A) of the federal Fair Labor Standards Act, 29 USC §§ 201-219.

SECTION XX.  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 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 corporation pleads and proves by a preponderance of the evidence  that it acted in good faith in conformity with and in reasonable reliance on any written administrative interpretation of the department or of an agency of the commonwealth which has or had at the time the authority to interpret, regulate, or enforce 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action if the administrative interpretation was in effect at the time of the violation, even if it is later modified, rescinded, or determined by judicial authority to be invalid or of no legal effect.