Matters ▸ Attachment
Wage Theft — File 195196
CITY OF SOMERVILLE
ORDINANCE NO. 2013-____
In Board of Aldermen__________
AN ORDINANCE RELATING TO WAGE THEFT
Chapter 9, Article III, Section 31, et al. of the City of Somerville Code of Ordinances is hereby amended
by adding the following:
WHEREAS, encouraging greater compliance with state and federal wage laws benefits all workers by
ensuring a level playing field in the labor market; and
WHEREAS, encouraging greater compliance with wage laws benefits those businesses that are already
in compliance with existing wage laws; and
WHEREAS, those individuals affected by wage theft are often amongst the most vulnerable in our city
and without access to sufficient resources and the time necessary to appeal for their unpaid wages; and
WHEREAS, the City of Somerville finds it necessary and appropriate to create a stronger disincentive for
employers within its borders to violate wage and hour laws; Now, therefore,
In approving or revoking any business license or permit of the City of Somerville, its officials, boards and
commissions shall act as follows:
(1) The City, by and through its officials, boards and commissions, may deny an application for any
license or permit issued by it, if, during the _three (3) year period prior to the date of the
application, the applicant admitted guilt or liability or has been found guilty, liable or
responsible, in any judicial or administrative proceeding, of committing or attempting to
commit a violation of:
(a) Commonwealth of Massachusetts Payment of Wages Law, General Laws Chapter
149, Section 148, and any and all other state or federal laws regulating the payment
of wages, including but not limited to General Laws Chapter 149, sections 27, 27G,
27H, 52D, 148A, 148B, 150C, 152, 152A, 159C, and G.L. c. 151, secs., 1, 1A, 1B, 15,
19 and 20; and
(b) The Fair Debt Collection Practices Act, 15 U.S.C. s.1692, or any other federal or
state law regulating the collection of debt, as to the employees of the applicant or
others who had performed work for said applicant.
(2) Any license or permit issued by the City of Somerville, its boards or commissions, may be
revoked or suspended if, during the three (3) years prior to the issuance of the license or permit,
the licensee or permittee admitted guilt or liability or has been found guilty or liable in any
judicial or administrative proceeding of committing a violation of any of the laws set forth in
subsection (1) above.
(3) Any license or permit issued by the City of Somerville, its boards or commissions, may be
revoked or suspended if the applicant, licensee or permittee is a person who was subject to a
final judgment or other decision for violation of any of the laws set forth in subsection (1) above
within three(3) years prior to the effective date of this ordinance, and the judgment was not
satisfied within the lawful period for doing same, or the expiration of the period for filing an
appeal; or if an appeal is made, the date of the final resolution of that appeal and any
subsequent appeal resulting in a final administrative or judicial affirmation of violation of any of
the laws set forth in subsection (1) above.
(4) The period of non‐issuance, revocation or non‐renewal shall be one (1), and the licensee or
permittee or the person who is the principal of a license or permit shall not again be licensed or
permitted in any other manner during such period.
(5) Within fourteen (14) calendar days from the date that the notice of refusal to issue, revocation
or refusal to renew notice is mailed to the applicant or licensee or permittee, the applicant,
licensee or permittee may appeal such decision by filing a written notice of appeal setting forth
the grounds therefor. Said notice shall be sent by certified mail, return receipt requested. The
hearing shall be conducted by the board, commission or individual who made the decision not
to issue, not to renew, or to revoke within thirty (30) days of receipt of such notice of appeal.
(6) An applicant for a business certificate, license or permit shall be provided with a copy of this
ordinance and shall certify that he has not been found guilty, liable or responsible, in any
judicial or administrative proceeding, of committing or attempting to commit a violation of any
of the laws set forth in subsection (1) above.
(7) This law shall apply to any person or entity whose final administrative decision or adjudication
or judicial judgment or conviction was entered on or after July 1, 2013, with the exception of
judgments that remain unsatisfied as set forth in subsection (3) above.
(8) Application of this ordinance is subject to applicable state or federal laws.
Approved:
__________________________________________
President