Amendment ID: S2378-62-R2

2nd Redraft Amendment 62

Inside Sales Employee Special Commission

Ms. Jehlen and Mr. Moore move to amend the bill by striking out section 57 and inserting in place thereof the following section:-

 “SECTION 57. There shall be a commission to review and provide recommendations on the current classification of inside sales employees paid solely by commissions or advances on commissions who satisfy the requirements of section 207(i) or section 213(b)(10)(A) of the federal Fair Labor Standards Act, 29 U.S.C. 201 to 219, inclusive. The commission’s review shall include, but not be limited to: (i) economic impacts related to reliance by employers on wage and hour statutory guidance provided by an agency; (ii) recent judicial findings on wage and hour statutes as applied to such commissioned employees; and (iii) any other factors the commission deems appropriate.

The commission shall consist of the secretary of labor and workforce development and the secretary for administration and finance or their designees, who shall serve as co-chairs, and 8 members appointed by the governor, 4 of whom shall represent retailers and employers, 3 of whom shall represent employees and 1 of whom shall be selected from either a list provided by the Massachusetts Employment Lawyers Association, Inc. or a list provided by a union representative of inside sales employees paid solely by commissions or advances on commissions.

The commission may consult with experts and stakeholders in determining its findings and shall hold at least 1 public hearing. The commission shall file a report of its findings with the clerks of the senate and the house of representatives, the joint committee on labor and workforce development and the senate and house committees on ways and means not later than March 1, 2020.”.