Bill

H 2128

An Act relative to commissioned employees

194th Legislature (2025-2026) Introduced by Kim Ferguson and 3 co-sponsors

Bill H 2128 protects Massachusetts employers from liability for unpaid wages on Sundays, holidays, and overtime if they acted in good faith based on official opinions.

Accompanied a study order, see H5361

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Bill Summary · H 2128

Summary of Bill H 2128: An Act Relative to Commissioned Employees

Purpose and Intent

Bill H 2128 aims to amend existing labor laws in Massachusetts concerning the compensation of commissioned employees. The primary intent is to provide legal protections for employers regarding liability for unpaid wages related to work performed on Sundays and recognized holidays, as well as overtime compensation. This bill seeks to clarify the conditions under which employers can defend against claims of wage violations.

Key Provisions

The bill includes the following significant amendments to the Massachusetts General Laws:

Section 1: Sunday and Holiday Pay

Amendment to Chapter 149, Section 150: Employers will not be liable for failing to pay employees for work on Sundays or recognized holidays if they can demonstrate that they acted in good faith based on a written opinion from a relevant state department or agency.
Legal Defense: If an employer establishes this defense, it will bar any legal action against them, even if the administrative interpretation is later modified or deemed invalid.

Section 2: Overtime Compensation

Amendment to Chapter 151, Section 1B: Similar protections are extended to employers regarding overtime compensation. Employers can avoid liability if they prove they acted in good faith according to a written opinion from the appropriate authority.
Legal Defense: This defense also applies retroactively to any causes of action that accrue before, on, or after the enactment date.

Section 3: Effective Date

The provisions outlined in Sections 1 and 2 will be effective for all causes of action, including those currently pending.

Who Would Be Affected?

Employers: The bill primarily affects employers in Massachusetts, particularly those who employ commissioned employees and may face claims regarding unpaid wages for work on Sundays, holidays, or overtime.
Employees: While the bill aims to protect employers, it may also impact employees' rights to claim unpaid wages, as it establishes a legal defense that could limit their ability to seek compensation.

Procedural Aspects

Introduced: February 27, 2025
Committee Referral: The bill was referred to the Labor and Workforce Development Committee on the same day.
Hearing Schedule: A hearing on the bill has been rescheduled to November 20, 2025, from 10:00 AM to 12:00 PM, with a virtual component available.

Related Legislation

This bill is related to House Docket No. 1407, which it replaces, and is similar to House No. 1901 from the previous legislative session.

This summary provides an overview of Bill H 2128, highlighting its purpose, key provisions, and potential impacts on both employers and employees in Massachusetts.

Compiled from official sources — confirm details with the bill’s official record.