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TREBLE DAMAGES BILL BECOMES LAW Print

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On April 14th, Governor Deval Patrick allowed a bill – S.1059, An Act to Clarify the Law Protecting Employee Compensation – to become law by opting not to sign or veto the legislation, which he had strongly criticized, that punishes employers who violate wage and hour laws.  The new law ensures triple damages for workers whose employers violate wage laws leaving no discretion to the court to determine whether or not the employer was acting in good faith.  Therefore, employers who make a simple mistake can be held accountable for triple the amount of damages regardless of their intentions. 

 

When the bill first landed on Patrick's desk, he responded by sending it back to the Legislature with amendments, describing the proposal as being unfairly punitive.  In a letter to the Legislature, Patrick wrote, "Treble damages can be a significant penalty, especially in cases involving multiple plaintiffs, and such damages are neither warranted nor fair in every case, particularly in situations where the wage and hour issues may be complex and uncertain and where an employer relies, in good faith, on the advice of counsel and guidance received from governmental authorities."

 

After the Legislature rejected his amendments, RAM joined with other employer groups and associations in asking the Governor to veto this proposal.  RAM members responded to our "Call to Action" and sent Patrick approximately 50 letters asking him to veto this harmful legislation.  Unfortunately, the Governor opted not to veto the bill and allowed it to become law without his signature despite his earlier objections and the outcry from the business community.

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