MA H2128

Employers who fail to pay Sunday or holiday premium pay (under Chapter 136, sections 6, 13, or 16) can avoid liability by proving they acted in good faith reliance on a written opinion letter from a state agency with authority to interpret the law

Employers who fail to pay overtime compensation can similarly avoid liability by demonstrating good faith conformity with a written administrative opinion letter

The good faith defense applies even if the administrative interpretation is later modified, rescinded, or found invalid by a court, as long as it was in effect when the violation occurred

Provisions apply retroactively to all causes of action before, on, or after enactment, including pending cases

Amends Chapter 149, Section 150 and Chapter 151, Section 1B of the Massachusetts General Laws