Additional Provisions

(1) Shared Services. If shared services are provided by a domestic worker, each employer shall be jointly and severally liable for their obligations under M.G.L. c. 149, § 190 and 940 CMR 32.00. Everyemployer who has engaged a domestic worker to provide shared services shall sign all written agreements affecting the parties and, if the total employment equals or exceeds 16 hours, every employer shall sign and be a party to an agreement that provides the information required under 940 CMR 32.04(3)(a) through (k) . (2) Retaliation Prohibited. No domestic worker shall be penalized or suffer any adverse action in any way by an employer as a result of any action on the part of domestic worker to seek to exercise the worker's rights under 940 CMR 32.00 or M.G.L. c. 149, § 190, pursuant to M.G.L. c. 149, § 148A. (3) Enforcement by the Attorney General. The Attorney General may enforce the obligations set forth in M.G.L. c. 149, § 190 and 940 CMR 32.00 by seeking injunctive or declaratory relief in Superior Court. Pursuant to M.G.L. c. 149, § 27C, the Attorney General may also issue a written warning or a civil citation to an employer, requiring that an infraction be rectified, that restitution be made to the domestic worker, if any, and/or that a civil penalty be paid to the Commonwealth. Civil citations may be appealed to the Division of Administrative Law Appeals, as provided by M.G.L. c. 149, § 27C. (4) Private Right of Action. A domestic worker claiming to be aggrieved by a violation of M.G.L. c. 149, § 190, may, 90 days after the filing of a complaint with the Attorney General, or sooner if the Attorney General assents in writing, and within three years after the violation, institute and prosecute in the domestic worker's own name and on the domestic worker's own behalf, or for the domestic worker and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.