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S 1264

Requires a mortgagor to provide notice of imminent foreclosure

2025 Regular Session Introduced by Roxanne Persaud

Allows Massachusetts workers to sue wage-law violations after 90 days from an AG complaint (3-year limit), with treble damages for willful violations and plaintiffs' attorney fees.

REFERRED TO JUDICIARY
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WeVote Research Nonpartisan
Bill Summary · S 1264

Summary — S.1264 (An Act relative to treble damages)

Note on inconsistency: the bill header provided includes the title “Requires a mortgagor to provide notice of imminent foreclosure,” but the full bill text supplied and analyzed here is titled “An Act relative to treble damages” and amends multiple sections of Massachusetts General Laws, chapter 149 (labor/wage laws). This summary addresses the bill text (changes to chapter 149), not the unrelated foreclosure title.

Main purpose

S.1264 would strengthen private enforcement remedies for violations of several Massachusetts wage- and labor-related statutes by (1) allowing employees to bring civil actions after a short waiting period following a complaint to the Attorney General, (2) permitting recovery of treble (triple) damages as liquidated damages where violations are willful, and (3) ensuring prevailing employees may recover litigation costs and reasonable attorneys’ fees.

Key provisions

  • Sections amended: chapter 149, sections 27, 27F, 27G, 27H, and section 150 (the bill replaces the last paragraph of each with new language).
  • Private right of action:
    • An employee aggrieved by a violation may, after 90 days from filing a complaint with the Attorney General (or sooner if the AG consents), and within 3 years of the violation, file a civil action in their own name — individually or on behalf of similarly situated persons — for injunctive relief, damages, and loss of wages and other benefits.
  • Treble damages for willful violations:
    • If the employee prevails and the court finds the employer’s violation was willful, the employee shall be awarded triple damages (treble damages) as liquidated damages for lost wages and benefits.
  • Non-willful violations:
    • If the violation is not willful, damages are awarded as the court determines (not treble).

  • Fees and costs:

    • Prevailing employees (willful or non-willful) may be awarded litigation costs and reasonable attorneys’ fees.

  • Section 150 specifically lists covered statutes (as amended) to which the private action applies: sections 33E, 148, 148A, 148B, 150C, 152, 152A, 159C of chapter 149 and section 19 of chapter 151.

Who would be affected

  • Employees in Massachusetts protected by the referenced provisions of chapter 149 (wage payment, minimum wage, hours, tip laws, child labor and related protections).
  • Employers covered by those statutes would face greater exposure to private lawsuits and potentially treble damages for willful violations.
  • The Attorney General’s office: employees must file a complaint with the AG and wait 90 days (unless AG waives) before bringing suit; the AG retains the option to pursue enforcement.

Procedural / timeline aspects

  • Statute of limitations: actions must be brought within 3 years of the violation.
  • Administrative exhaustion: plaintiffs must file a complaint with the Attorney General and wait 90 days before filing suit (earlier suit allowed only with written AG assent).
  • Representative/collective suits: language permits plaintiffs to sue for “others similarly situated.”

Potential impact and considerations

  • Strengthens private enforcement incentives — treble damages for willful violations raise potential employer liability substantially.
  • May encourage earlier AG involvement and potential settlements during the 90-day window.
  • Could increase litigation (and associated costs) in employment law; employers may face larger damage exposure for willful conduct.
  • The bill does not define “willful” in the inserted text — interpretation would be left to courts or future statutory definition.

Legislative status & timeline (as provided)

  • Introduced: April 2, 2025 (also docket entries show filing on 1/9/2025).
  • Referred to: Judiciary (multiple entries) and later read twice and referred to Committee on Finance (4/2/2025).
  • Hearings scheduled/rescheduled for July 29, 2025 (various times and a virtual option).
  • Related measures and prior-session bills are listed (e.g., HR 2590 companion, prior S. bills).

If you want, I can produce a plain-language one-page handout for employees or employers explaining the practical effects and steps (e.g., how the 90-day AG complaint window works).

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

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