Massachusetts H 1956: An Act relative to the hospitality comeback

Bill Text

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HOUSE DOCKET, NO. 3480 FILED ON: 2/19/2021
HOUSE . . . . . . . . . . . . . . . No. 1956

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Marjorie C. Decker
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the hospitality comeback.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Marjorie C. Decker 25th Middlesex 2/19/2021
Steven Ultrino 33rd Middlesex 3/8/2021
David Henry Argosky LeBoeuf 17th Worcester 3/10/2021
Andres X. Vargas 3rd Essex 3/9/2021
Carlos González 10th Hampden 3/12/2021
Tommy Vitolo 15th Norfolk 3/14/2021
Daniel J. Hunt 13th Suffolk 3/18/2021
David Biele 4th Suffolk 3/23/2021
Jessica Ann Giannino 16th Suffolk 3/25/2021
Walter F. Timilty Norfolk, Bristol and Plymouth 3/30/2021
Lindsay N. Sabadosa 1st Hampshire 4/1/2021
Maria Duaime Robinson 6th Middlesex 4/1/2021
Steven C. Owens 29th Middlesex 4/6/2021
Adrian C. Madaro 1st Suffolk 4/19/2021
Liz Miranda 5th Suffolk 4/20/2021
Thomas M. Stanley 9th Middlesex 4/20/2021
Kenneth I. Gordon 21st Middlesex 4/22/2021
Christine P. Barber 34th Middlesex 4/23/2021

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James B. Eldridge Middlesex and Worcester 4/25/2021
Tram T. Nguyen 18th Essex 5/11/2021
Brandy Fluker Oakley 12th Suffolk 5/11/2021
Erika Uyterhoeven 27th Middlesex 5/21/2021
Natalie M. Higgins 4th Worcester 7/22/2021

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HOUSE DOCKET, NO. 3480 FILED ON: 2/19/2021
HOUSE . . . . . . . . . . . . . . . No. 1956
By Ms. Decker of Cambridge, a petition (accompanied by bill, House, No. 1956) of Marjorie C.
Decker and others relative to protecting certain hospitality workers. Labor and Workforce
Development.

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________

An Act relative to the hospitality comeback.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Chapter 149 of the General Laws is hereby amended by adding the
2 following section:-
3 Section 204. (a) As used in this section, unless the context clearly implies otherwise, the
4 following words shall have the following meanings:-
5 “Employer”, a hotel employer.
6 “Hotel employer”, an owner, operator or manager of a residential building designated or
7 used for public lodging or other related service for the public that: (i) contains 50 or more
8 guestrooms or (ii) earned gross receipts in 2019 exceeding $5,000,000; provided, that a hotel
9 employer shall include the owner, operator, manager or lessee of any restaurant located on hotel
10 premises.

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11 “Laid off worker”, an individual employed for hire by an employer in any lawful
12 employment who was employed by the employer for six months or more in the 12 months
13 preceding March 4, 2020 and whose most recent separation from active employment with the
14 employer occurred on or after March 4, 2020 as a result of a lack of business, a reduction in
15 work force or other economic, non-disciplinary reason. For purposes of this section, a laid off
16 worker shall not include a manager, supervisor or a confidential employee as defined in section 1
17 of chapter 150E.
18 “Length of service”, the total time of an individual’s work for hire by an employer in any
19 lawful employment, including periods of time when the worker was on leave or vacation.
20 (b) In any city or town that accepts this section in the manner provided for in section 4 of
21 chapter 4, an employer shall offer any position that is or becomes available to a laid off worker
22 for which said laid off worker is qualified. The offer shall be sent in writing to the: (1) last
23 known mailing address of the laid off worker, (2) electronic mail address of the laid off worker
24 and (3) phone number of the laid off worker by text message. A laid off worker shall be qualified
25 for an available position if the laid off worker: (1) held the same or a substantially similar
26 position at the same employment site at the time of the laid off worker’s most recent separation
27 from active service with the employer; or (2) is or can become qualified for the position through
28 the same training that would be provided to a new worker hired for that position. If more than 1
29 laid off worker is entitled to preference for a position, first priority shall be for a laid off worker
30 with the greatest length of service in the same or a similar position and then for a laid off worker
31 with the greatest length of service at the employment site.

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32 (c) A laid off worker offered a position pursuant to this section shall be given no less than
33 5 business days in which to accept or decline the offer. An employer may make simultaneous,
34 conditional offers of employment to laid off workers, with final