S1310 — An Act to protect injured workers

Summary

An Act to protect injured workers

Bill Text

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The bill amends several sections of the Massachusetts General Laws to enhance worker protections and clarify requirements around wages, discrimination, and notice provisions related to workplace rights.

• Section 3 of chapter 23E

  ; and further provided that the department shall promptly undertake the investigation, hold an investigative conference to obtain any additional evidence or statements, and report the findings regardless of whether a case is open or active in the division of dispute resolution.

  This addition mandates the department to investigate and report findings regardless of the status of the case.

• Subsection (a) of section 27C of chapter 149

  , or paragraph 2 of section 75B of chapter 152.

  This clarification extends the references in subsection (a) to include violations under paragraph 2 of section 75B.

• Subsection (b) of section 27C of chapter 149

  For purposes of a violation of paragraph 2 of section 75B of chapter 152, restitution shall include actual and compensatory damages, costs and reasonable attorneys’ fees, and rectifying the infraction may include injunctive relief, punitive damages and other appropriate relief.

  This addition defines what restitution includes in case of violations under paragraph 2 of section 75B.

• Section 1 of chapter 152

  (3A) “Earnings” includes any wages, based on credible evidence, that the employer was required to pay pursuant to chapter 149, chapter 151, or any other local, state or federal law. When an employer has failed to pay an employee the full amount of wages required by law, and the insurer is required to pay compensation to that employee based on the higher required amount, the employer shall indemnify the insurer for any additional compensation owed under this chapter as a result of the additional wages.

  This addition clarifies the definition of 'earnings' and establishes the employer's obligation to indemnify the insurer for unpaid wages.

• Section 22 of chapter 152

  may be given in the manner therein provided or in such other manner as may be approved by the department → shall be given to employees by posting a copy of the notice, as approved and issued by the department, in a visible location utilized by and accessible to all employees of the insured person and, depending on the customary manner in which the insured person communicates with employees, by providing a hard or electronic copy of the notice to each employee at the time of hire and when information contained in the notice changes.

  This change makes it mandatory to post notices in visible locations and distribute them to employees at hire and when changes occur, enhancing communication of rights.

• Section 75B of chapter 152

  paragraphs (2) to (4) → (2) No person or entity, itself or through its agent, may discharge, refuse to hire, or in any other manner discriminate or take adverse action, or to threaten to discharge, refuse to hire, or in any other manner discriminate or take adverse action, against any person because that person has: (i) exercised a right afforded by this chapter, including reporting or seeking care for a work-related injury or illness; (ii) assisted any other person in exercising a right afforded by this chapter; (iii) informed any other person about a right afforded by this chapter; (iv) opposed a violation of this chapter; (v) testified or in any other manner cooperated with an inquiry or proceeding pursuant to this chapter; or (vi) because of a belief that the person may in the future engage in any such actions. For purposes of this paragraph, “adverse action” shall include any action to deprive an employee of any right afforded by this chapter, including through false denial of an employment relationship or false denial that an injury or illness was work related. (3) There shall be a rebuttable presumption of a violation of paragraph (2) of this section if a person or entity, itself or through its agent, discharges, refuses to hire, or in any other manner discriminates or takes adverse action, or threatens to discharge, refuse to hire, or in any other manner discriminate or take adverse action, against a person within 90 days of that person’s exercise of a right afforded by this chapter... (4) A person claiming to be aggrieved by a violation of paragraph 2 of this section may file a complaint with the attorney general...

  This replacement strengthens protections against discrimination and retaliation, establishes a presumption of violation under certain circumstances, and outlines the complaint process.

Sponsors

• James B. Eldridge · Primary

Subjects