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Mass. bill would require hazard pay and PPE for essential workers during public health emergencies
Summary
Senate bill No. 1322, filed Jan. 17, 2025, would require employers of 11+ workers providing "essential services" to pay at least 1.5 times regular wages for hours worked during a governor-declared public health state of emergency, and to provide personal protective equipment at no cost; the attorney general would enforce the measure.
Paul R. Feeney, who presented the bill in the Senate, filed Senate bill No. 1322 on Jan. 17, 2025, proposing hazard pay and workplace protections for essential workers during a governor-declared public health "state of emergency."
The bill would require private employers with 11 or more employees who provide services defined as "Essential services" to pay "hazard pay" of at least one and one-half times an essential worker’s regular rate for any hours worked while the emergency is in effect. It also would require employers to provide, at no cost to workers, personal protective equipment recommended for the work site by the Department of Labor and Industry, the Department of Health, the U.S. Centers for Disease Control and Prevention or the Occupational Safety and Health Administration.
The proposal defines "Essential services" by reference to the Governor's March 23, 2020 emergency order ("COVID-19 Order No. 13") and the March 31, 2020 extension order ("COVID-19 Order No. 21"), and to any superseding emergency orders. The bill applies to employers covered by Section 148C of Chapter 149 of the General Laws and excludes employees of the Commonwealth or its political subdivisions and employees classified as exempt from overtime under the federal Fair Labor Standards Act.
The text also says an essential worker may refuse to perform essential services without facing discrimination, dismissal, reduction in hours or other penalty if the worker reasonably believes the workplace would seriously threaten their health or safety; if the worker has a health condition that increases risk; if they live with a person at elevated risk; or if they must care for children when schools or daycare are unavailable. The bill states an employer is not required to provide pay during a refusal to work under those provisions, though it does not impair an employee’s right to receive pay under any other statute.
Enforcement is assigned to the office of the attorney general under the authority cited in Section 150 of Chapter 149. The bill notes a similar matter was filed in the prior session (Senate No. 1178 of 2023–2024).
The measure as filed is a legislative proposal and does not take effect unless advanced by the Legislature and signed into law. The filing does not specify an implementation timeline, funding source for employer costs, or an estimate of how many workers would be affected.
