Budget Amendment ID: FY2022-S3-76-R1

Redraft GOV 76

Relative to commissioned employees

Messrs. Tarr, Moore and Fattman moved that the proposed new text be amended by inserting after section 60 the following 3 sections:-

“SECTION 60A. Notwithstanding any general or special law to the contrary, an employer or an officer or agent of any corporation shall not be subject to treble damages on account of their failure to pay a commissioned retail or service establishment employee who satisfies the requirements of subclauses (1) and (2) of subsection (i) of section 207 of the federal Fair Labor Standards Act, 29 USC § 207, or a sales person primarily engaged in selling automobiles, trucks or farm implements who satisfies the requirements of said subclauses (1) and (2) of said subsection (i) of said section 207 of the federal Fair Labor Standards Act, 29 USC § 207, for work on a Sunday or a recognized holiday under section 6, section 13 or section 16 of chapter 136 of the General Laws or for their failure to pay overtime compensation in violation of section 1B of chapter 151 of the General Laws if the employer, officer or agent pleads and proves by a preponderance of the evidence that it acted in good faith in conformity with and in reasonable reliance on any final written advisory ruling of a department or agency of the commonwealth that has, or had at the time, the authority to interpret, regulate or enforce said section 6, said section 13 or said section 16 of said chapter 136 or said section 1B of said chapter 151. Such a defense, if established, shall be a bar for recovery for treble damages if the advisory ruling was in effect at the time of the violation, even if it was later modified, rescinded or determined by judicial authority to be invalid or of no legal effect. This section shall apply only for the conduct described in this section and only for causes of action accruing before May 8, 2019, including any action now pending or filed on or after the effective date of this act; provided, however, that this section shall not be effective for an action filed after May 8, 2022.”.

SECTION 60B. Section 60A is hereby repealed.

SECTION 60C. Section 60B shall take effect May 9, 2022.