Mass. bill would require hazard pay, job protections and PPE for essential workers during public health emergencies

House Bill No. 2156, filed Jan. 16, 2025 by Representative Edward R. Philips (8th Norfolk), would require private-sector employers to pay hazard pay to essential workers during a declared public health state of emergency and set related workplace protections and equipment requirements.

The bill, titled "An Act providing hazard pay and protection for essential workers during a declared public health state of emergency," would require any employer that provides essential services outside the home to pay each essential worker at a rate not less than one and one-half times the worker’s regular rate of pay for hours worked while the public health emergency is in effect. The measure applies to private employers with 11 or more employees who are covered by Section 148C of Chapter 149 of the General Laws. It explicitly excludes employees of the Commonwealth and employees who are bona fide executive, administrative, or professional employees exempt from overtime under the federal Fair Labor Standards Act.

The bill defines "essential services" by reference to the Governor’s March 23, 2020 emergency order (COVID-19 Order No. 13), the Governor’s March 31, 2020 extension order (COVID-19 Order No. 21), or any superseding emergency order. "Essential business" is defined as a private-sector employer that provides those essential services and is authorized to remain open during a gubernatorial declaration of a public health state of emergency.

Section 3 lists four circumstances in which an essential worker may refuse to perform essential-services work without facing discrimination, dismissal, reduction in hours, or other penalty: (1) a reasonable belief that working would seriously threaten the worker’s health or safety; (2) a personal health condition that puts the worker at elevated risk from immediate or imminent exposure to a hazard; (3) living with a person whose health condition would be put at elevated risk by the worker’s continued work; and (4) caregiving responsibilities if schools or daycare are not available following the governor’s declaration. The bill states that employers are not required to provide pay during a period of refusal under this section, but that the section does not impair an employee’s right to receive pay for any other reason.

Enforcement of the measure would be by the office of the attorney general pursuant to its authority under Section 150 of Chapter 149. The bill also preserves employees’ rights to recover wages under any other statute and does not limit other statutory remedies.

Section 5 requires essential employers, following the governor’s declaration of a public health state of emergency (including related stay-at-home or shelter-in-place orders), to provide, at no cost to employees, personal protective equipment that is recommended for the relevant work site or job task 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 docket lists this measure as House Docket No. 2600 and House Bill No. 2156. The filing form identifies Representative Edward R. Philips of Sharon as the petitioner and notes that the bill was referred to the committee on Labor and Workforce Development. The text notes a similar matter filed in the prior session as House No. 1935 of 2023-2024.

Next steps: the bill will proceed through committee consideration and any subsequent floor action; no votes or amendments are recorded in the filing document.