Bill > H1916

This bill creates a new section (Section 150D) in Massachusetts law that establishes a private right of action for wage non-payment, allowing certain "Interested Parties" (including non-profit organizations, labor organizations, and affected employees) to file lawsuits on behalf of the Commonwealth against employers who fail to pay wages. The bill defines "Wage Non-payment" as failure to pay wages owed under specific state labor laws or contract provisions. If an Interested Party prevails in such an action, they can recover treble damages for affected employees who respond to a court notice, as well as attorney fees and litigation costs. The bill also introduces a 20% surcharge on awarded amounts, which will be paid into a wage enforcement fund managed by the Attorney General to help employees with urgent wage-related needs. Notably, these representative actions cannot be waived or compelled to arbitration, and the Superior Court has jurisdiction regardless of the amount in controversy. The Attorney General has the right to intervene in such actions and must include the original Interested Party in settlement discussions. Importantly, this provision is not an exclusive remedy and does not limit other available legal actions for wage recovery.

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https://malegislature.gov/Bills/194/H1916