Amendment #1416 to H3900

Commissioned Employees

Representatives Jones of North Reading, Barrows of Mansfield, Ferguson of Holden, Frost of Auburn, Gifford of Wareham and Smola of Warren move to amend the bill by adding the following sections:-

"SECTION X. Section 150 of chapter 149 of the General Laws, as appearing in the 2020 Official Edition, 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 or written letter of information of the department or of an agency of the commonwealth which has or had at the time the authority to enforce, administer, or interpret said law. Such a defense, if established, shall be a bar to the action if the written opinion letter or written letter of information was in effect at the time of the violation, even if it is later modified, rescinded, or determined by judicial authority to be invalid or of no legal effect.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. 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 or written letter of information of the department or of an agency of the commonwealth which has or had at the time the authority to enforce, administer, or interpret said law. Such a defense, if established, shall be a bar to the action if the written opinion letter or written letter of information was in effect at the time of the violation, even if it is later modified, rescinded, or determined by judicial authority to be invalid or of no legal effect.

SECTION XXX. Sections X and XX shall be effective for all causes of action accruing before, on, or after the date of enactment, including any cause of action now pending.

Additional co-sponsor(s) added to Amendment #1416 to H3900

Commissioned Employees