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MA H3141

MA H3141
Protecting workers' wages from arbitrary recoupment of overpayments


summary

Introduced
01/23/2017
In Committee
04/19/2018
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

190th General Court

Bill Summary

Relative to the recoupment of overpayment of wages. Labor and Workforce Development.

AI Summary

This bill aims to protect workers' wages from arbitrary recoupment of overpayments. The key provisions include: 1. Restricting deductions from wages to only those expressly authorized in writing by the employee and for the employee's benefit. 2. Limiting the employer's ability to recover overpayments to a maximum of 8 weeks prior to the issuance of a notice, and only through wage deductions not exceeding 10% of the employee's gross wages per pay period, ensuring the deduction does not reduce the employee's effective hourly wage below the state minimum. 3. Requiring the employer to provide the employee with written notice of the intent to recover the overpayment, including the right to contest the overpayment, and prohibiting retaliation against employees who refuse to consent to the deduction. 4. Imposing civil and criminal penalties for violations, and allowing employees or the Attorney General to bring actions within 3 years of any violation. 5. Requiring employers with over 500 affected Massachusetts employees to notify the Attorney General within one week of a payroll system failure that results in over- or underpayments.

Committee Categories

Budget and Finance, Labor and Employment

Sponsors (10)

Last Action

No further action taken (on 01/01/2019)

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