Bill > H2176

This bill amends Massachusetts labor law by establishing new penalties for employers who disclose or threaten to disclose an employee's immigration status with the intent of concealing violations of state wage, benefit, or tax laws. Under the new provisions, the Attorney General's Fair Labor Division can impose escalating administrative penalties: $2,500 for a first violation, $5,000 for a second violation, and up to $10,000 for subsequent violations. When determining the penalty amount, the Division will consider factors such as the employer's violation history, the seriousness of the violation, the employer's good faith, and the size of their business. The bill requires the Division to provide notification of the violation and an opportunity for a hearing, with different hearing procedures depending on the type of law being concealed. Employers have 15 days to request a hearing for violations related to most state wage, benefit, or tax laws, while different procedures apply for unemployment and disability benefits law violations. Any administrative penalties collected will be used to support enforcement and administration costs of the Fair Labor Division, and the Attorney General's Office is required to submit an annual report to the legislature detailing such violations by December 31st each year.

Labor and Employment

https://malegislature.gov/Bills/194/H2176