MA S1229

S1229 Summary

• Creates a new "private attorney general" action allowing construction industry employers, labor organizations, employee trusts, and affected workers to sue on behalf of the Commonwealth for wage theft violations in the construction industry

• Applies to employers who contracted for public works projects under Section 27 or private construction projects exceeding $500,000 within the preceding 5 years

• Awards treble damages to affected employees who respond to court notice within 90 days, plus $50 per violation per pay period penalties for non-responsive employees paid into a state wage enforcement fund

• Imposes a 20% surcharge tax on all court awards (including attorney fees) to fund the Attorney General's wage enforcement efforts, public education, and emergency loans to workers with urgent housing, heat, or food needs

• Gives the Attorney General authority to intervene in any case at any time, including post-trial, and requires settlements to include participation and informed consent of the original interested party