Amendment #648 to H5150

Affirmative Defense Amendment

Mr. Jones of North Reading moves to amend the bill by inserting after section 26 the following new sections:-

SECTION 26A. 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 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rescinded, or determined by judicial authority to be invalid or of no legal effect.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 26B. 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it is later modified, rescinded, or determined by judicial authority to be invalid or of no legal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.

And moves to further amend the bill by inserting after section 46 the following new sections:-

SECTION 47. Sections 26A and 26B shall be effective for all causes of action accruing before,

on, or after the date of enactment, including any cause of action now pending.

SECTION 48. Sections 26A and Sections 26B are hereby repealed.

SECTION 49. Section 48 shall take effect May 9, 2022.