Bill
S 1332
The bill gives employers a 15‑business‑day cure window after a written demand to pay unpaid wages, otherwise treble damages and attorneys’ fees may apply.
Note on source materials
- The bill text provided is a Massachusetts General Court filing (Senate No. 1332, filed 1/17/2025) presented by Senator Barry R. Finegold and amends chapter 149 of the Massachusetts General Laws. Some accompanying metadata (title referencing parental controls, lists of U.S. Senate cosponsors, and conflicting committee referrals) appears inconsistent with the Massachusetts bill text; this summary focuses on the statutory changes contained in the bill language.
Purpose and intent
- To clarify and modify the statutory procedures and defenses related to recovery of unpaid employment-based compensation, including (1) limiting defenses available to employers in prosecutions under existing wage statutes and (2) creating a statutory “right to cure” that gives employers a limited period to correct alleged underpayments before exposure to treble damages and attorneys’ fees.
Key provisions (by section)
- Section 1 — Amendment to G.L. c.149, §150 (defenses and assignments)
- Replaces the first paragraph of §150 to specify which defenses are valid on trial for violations of §148 (weekly pay requirements) and related wage statutes.
- Permitted defenses are limited to: attachment of wages by trustee process, a valid assignment of wages, a valid set‑off, the employee’s absence from the regular place of labor at the time of payment, actual tender of payment at the time owed, or payment made pursuant to the new §204.
- Establishes that a defendant may not use a payment made after a complaint is filed as a defense.
- Declares invalid: assignments of future weekly wages made to the person from whom wages will become due (or on their behalf) and loans by an employee to the employer of wages payable weekly, unless the loan had attorney general approval.
Who would be affected
- Employees in Massachusetts seeking recovery of unpaid wages or statutory wage damages.
- Massachusetts employers subject to chapter 149 wage and hour provisions (and related statutes listed in §204).
- The Massachusetts Attorney General (role in approving certain loans/assignments; enforcement of §148/§150).
- State courts adjudicating wage claims.
Process and timing
- Claimants must send a written demand detailing amounts and reasons before initiating an action that seeks treble damages under §150.
- Employers have 15 business days after receipt to cure; timely cure limits exposure to treble damages and attorneys’ fees in the circumstances described.
- The amendment to §150 changes available defenses in trials and disallows post‑complaint payments as a defense.
Potential impacts and considerations
- Likely to reduce immediate exposure of employers to treble damages and fee awards if employers promptly cure bona fide errors.
- May encourage earlier resolution of wage disputes by formalizing a cure period.
- Could limit plaintiffs’ leverage and reduce recoveries in some cases, especially where employers can show good faith or cure promptly.
- Reinforces prohibition on certain wage assignments and on using employee loans as a defense unless AG approval exists.
- Implementation will depend on judicial interpretation of “good faith,” “reasonable grounds,” and the sufficiency of written demands.
Procedural status (as provided)
- Senate docketed as No. 1332 (filed 1/17/2025) in the One Hundred and Ninety‑Fourth General Court. Metadata supplied indicates various committee referrals and a hearing date (10/28/2025); some referral/hearing details in the provided record appear inconsistent. For authoritative status, consult the Massachusetts Legislature’s official docket for S.1332.
Compiled from official sources — confirm details with the bill’s official record.
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