summary
Introduced
03/29/2021
03/29/2021
In Committee
03/29/2021
03/29/2021
Crossed Over
Passed
Dead
12/31/2022
12/31/2022
Introduced Session
192nd General Court
Bill Summary
For legislation to further protect employees through a private right of action. The Judiciary.
AI Summary
This bill aims to further protect employees by providing them with a private right of action. The key provisions are:
1. It amends the existing law to replace the term "treble" with "double" in sections related to penalties for labor law violations, such as wage and hour laws. This change will remain in effect unless a court deems the language in the following subsection(b) as invalid or unenforceable.
2. It allows employees to file a private attorney general action on behalf of the Commonwealth against an employer for violations of specified labor laws, including wage and hour laws. This action does not require the employee to satisfy class certification requirements, as long as there is a common question of law or fact among at least two employees.
3. The employee who prevails in such an action will recover penalties of $50 per pay period per affected employee, with two-thirds of the penalties going to the Commonwealth and one-third to the employee(s). The employee can also seek injunctive and declaratory relief, as well as litigation costs and reasonable attorney's fees.
4. The superior court has jurisdiction to hear the private attorney general action and any accompanying employee actions, regardless of the amount in controversy.
The overall aim of the bill is to provide employees with a stronger private right of action to enforce their rights under various labor laws, including wage and hour protections.
Committee Categories
Justice
Sponsors (8)
Tram Nguyen (D)*,
Marcos Devers (D),
Jamie Eldridge (D),
Nika Elugardo (D),
Jim Hawkins (D),
Chris Hendricks (D),
Lindsay Sabadosa (D),
Dan Sena (D),
Last Action
Accompanied a study order, see H4844 (on 06/09/2022)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://malegislature.gov/Bills/192/H1823 |
| Bill | https://malegislature.gov/Bills/192/H1823.pdf |
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