S1300 — An Act preventing wage theft, promoting employer accountability, and enhancing public enforcement

Summary

An Act preventing wage theft, promoting employer accountability, and enhancing public enforcement

Bill Text

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This bill amends existing labor law to enhance protections against wage theft, streamline enforcement actions by the attorney general, and clarify definitions related to labor contractors and wage theft.

• Section 27C of chapter 149

  subsection (a) → subsection (a), or section 100, 148E or 150C.

  This change expands the references to other relevant sections related to legal actions under this statute.

• Section 27C of chapter 149

  Civil and criminal → Criminal

  This amendment removes civil from the title and limits it to criminal actions only.

• Section 27C of chapter 149

  (d) As a further alternative to initiating criminal proceedings pursuant to subsection (a) or civil proceedings pursuant to subsection (b), the attorney general may file a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits on behalf of an employee or multiple, similarly situated employees. If the attorney general prevails in such an action, the employee or employees on whose behalf the attorney general brought the civil action shall be awarded treble damages, for any lost wages and other benefits, and the attorney general shall also be awarded the costs of the litigation and reasonable attorneys’ fees.

  This addition allows the attorney general to pursue civil actions for wage theft cases, providing stronger remedies for employees.

• Chapter 149

  Section 148E. (a) As used in this section and sections 148F to 148H, inclusive, the following words shall have the following meanings unless the context clearly indicates otherwise:...

  This establishes new definitions related to labor contracting and wage theft.

• Section 148E

  (b) An employer, except a staffing agency as defined by section 159C that is licensed or registered pursuant to sections 46A to 46R, inclusive, of chapter 140, shall provide each employee, not later than 10 days after the commencement of employment, with written notice in the language the employer normally uses to communicate employment-related information to the employee, of the following information: (i) the rate or rates of pay and the basis for those rates...

  This mandates employers to provide specific employment information to employees within a certain timeframe.

• Section 148E

  (c) A lead contractor shall be subject to joint and several liability with a labor contractor and a labor subcontractor...

  This imposes joint liability on lead contractors for wage theft violations involving labor contractors and subcontractors.

• Section 148E

  (g) When an individual applies for unemployment benefits pursuant to chapter 151A, and wage theft occurred during the base period as determined based on credible evidence, the individual’s unemployment benefits shall be calculated as if wages had been timely and lawfully paid.

  This ensures that employees affected by wage theft are compensated in their unemployment benefits calculations.

• Section 148G

  (a) Upon finding that any person or entity has engaged in a wage theft violation, the attorney general may issue a stop work order...

  This gives the attorney general authority to issue stop work orders for wage theft violations.

Sponsors

• Sal N. DiDomenico · Primary

Subjects