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MA H4170

Protecting workers' wages from arbitrary recoupment of overpayments


summary

Introduced
11/06/2019
In Committee
11/06/2019
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

191st General Court

Bill Summary

Protecting workers' wages from arbitrary recoupment of overpayments

AI Summary

This bill aims to protect workers' wages from arbitrary recoupment of overpayments by employers. The key provisions include: 1. Restricting employers from making deductions from wages, except those expressly authorized in writing by the employee for the employee's benefit. 2. Limiting the time period for employers to recover overpayments to 8 weeks prior to the notice of overpayment, with a maximum recovery period of 6 years. 3. Requiring employers to obtain written consent from employees before deducting overpayments from wages, and prohibiting retaliation against employees who refuse to consent. 4. Capping the maximum deduction amount to 10% of the employee's gross wages, ensuring the effective hourly wage does not fall below the state minimum wage. 5. Requiring employers to provide notice to employees before commencing deductions, including the opportunity to contest the overpayment. 6. Imposing civil and criminal penalties for violating these provisions, and allowing employees to bring actions for violations. 7. Prohibiting employers from exempting themselves from these requirements through special contracts or other means. 8. Requiring employers with more than 500 affected Massachusetts employees to notify the Attorney General within one week of a payroll system failure leading to inaccurate payroll records and payments.

Committee Categories

Budget and Finance

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Joint Committee on Labor and Workforce Development (J)

Last Action

Bill reported favorably by committee and referred to the committee on House Ways and Means (on 11/06/2019)

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