Massachusetts Senate Bill No. 1059 is set to take effect on July 13, 2008.  This Bill amends some important Massachusetts Wage laws.  In particular, the Wage Act, G.L. c. 149, is amended to assess triple damages against any employer who fails to pay wages or other benefits in violation of the statute.  This is a significant change from the previous law which provided for multiple damages only where a willful violation was proven.  The new law takes away any defense of mistake or good faith by an employer - if a violation is proven, triple damages are mandatory.  The law also provides for costs and attorney's fees to a successful plaintiff.

The Bill also implements a similar change with respect to G.L. c. 150, Section 1B - the law providing for the payment time and one-half for overtime.  In cases where employers violate this law, again, they will be assessed mandatory triple damages, costs and attorney's fees.

These changes provide a significant form or relief to employees who have not been paid wages or other benefits in accordance with Massachusetts law.

A copy of Senate Bill 1059 can be viewed by clicking the following link.

MA_Senate_Bill_1059.pdf