It is hereby declared to be the policy of the Commonwealth that places of manufacture, distribution or sale of any product or services in which substandard conditions and unfair wages prevail, commonly know as "sweatshops," unfairly disrupt the free market and are inimical to the welfare of the working people, manufacturers and consumers of Massachusetts, the United States and the World; and that the establishment of decent working conditions, fair wages for all workers and the elimination of sweatshop labor are fundamental goals of our democratic society.

Therefore, it is the intention of the General Court that the Commonwealth know whether or not its political subdivisions purchase, use or license any products or services produced or distributed under sweatshop conditions.

In order to carry out the purposes and intent of this Act and prevent such use of products or services manufactured, distributed or sold under sweatshop conditions, it is essential that the source of all products and services purchased by the commonwealth, or any subdivision thereof, or by any entity financed in whole or in part by the said commonwealth and any subdivision thereof, be fully disclosed and such information be available to the citizens, residents of the Commonwealth, public officials.

SECTION 2. Except as otherwise provided by law, neither the Commonwealth, nor any board, authority, agency or political subdivision of the Commonwealth, nor any state university, state college, community college, public school or other educational institution, individual, partnership, trust, corporation, business or other entity, financed in whole or in part by the Commonwealth, or any board, authority, agency or political subdivision thereof, shall purchase or contract for goods or services, sell, license, franchise its name, logo or symbol to be affixed to, or to promote the sale of, any article or service for which the vendor or supplier of services thereof, or their principal subcontractors, have not disclosed, in such printed and electronically accessible form as the Commissioner shall require of the purchaser, licensor, franchiser or user thereof, the location of the vendor or supplier (to include all vendor’s or supplier’s places of production, assembly, and distribution), or, in the case of services, the source and location of supply. Said vendor or supplier of services shall also supply, in such printed and electronically accessible form as the Commissioner shall require, the location of all the principal subcontractors’ places of production, assembly, and distribution, or in the case of services, the source and location of supply and shall require other subcontractors to do the same upon appropriate request by the aftermentioned agencies. During the performance of the contract, the vendor or supplier of services and its principal subcontractors shall report any changes of location within 30 days of such a change. Further, said vendor or supplier of services shall agree, and shall require its principal subcontractors to agree, to allow reasonable access and inspection by the purchaser, licensor, franchiser, or user of services, or by appropriate federal or state authorities, or non-governmental agencies as approved by the Advisory Committee to the Commissioner, (as defined in Section 3 of this act and hereinafter referred to as the Advisory Committee), for the purpose of monitoring the Working Conditions as defined in Section 3, at all of the aforementioned sites of the vendor and principal subcontractors. In its approval, the Advisory Committee shall ensure that the purpose of access and inspection is limited to verification of information and monitoring of working conditions and not for the purpose of providing a competitive advantage to any contractor or subcontractor. Further, as a condition of approval as a monitor under this act, all monitoring agencies shall be requested and, when feasible, required to make their reports of the results of any monitoring available to the public in such manner as the Advisory Committee shall determine, including in electronically accessible form.

SECTION 3.  Definitions

1.      For the purposes of the Act Working Conditions as defined herein, and as may be further defined, in regulations promulgated by the Commissioner shall include, but not be limited to, the following:

Compliance:  Whether compliance exists with applicable local requirements as to wages, maximum hours, overtime, health and safety laws, child labor, and the right to organize and bargain collectively.

Wages or other compensation: Whether the wages paid and benefit levels are sufficient to meet the needs of food, clothing, shelter and transportation, (hereinafter basic needs) and to provide some discretionary income for a worker and his or her family and, further, whether, as applied to wages and other compensation of employees of foreign employers or contractors, as adjusted for purchasing power in the jurisdiction where the wages are earned or paid, are sufficient to meet the basic needs and discretionary income as heretofore defined.

Equal Treatment Policy: Whether all persons subject to this statute maintain a practice of non-discrimination in hiring, advancement, wages and working conditions on the basis of race, color, creed, nationality, gender, sexual orientation or affiliation with non-governmental, voluntary organizations.

Labor Policy: Whether all persons subject to this statute maintain a labor policy and practice including recognition of the right to organize and bargain collectively without intimidation or coercion.

Fair Labor Standards: Whether the International Labor Organization conventions pertaining to fair labor standards are observed.

2.      For the purpose of this act, Location as defined herein, and as may be further defined, in regulations promulgated by the Commissioner shall include, but not be limited to, the following:

Location and other information:

A)    Name, to include trade names, registered names, and names commonly used.

B)     Principal address

C)    Person or persons to be contacted for the purpose of verifying information required by Section 1 and Section 2 of this Act.

D)    Telephone, fax numbers, mailing addresses, and e-mail of persons to be contacted.

3.      For the purpose of this act, Advisory Committee as defined herein, and as may be further defined, in regulations promulgated by the Commissioner shall include the following:

A)    The Advisory Committee shall consist of one representative or designee of, but not limited to, the following: the Governor, the President of the Senate, the Speaker of the House of Representatives, Associated Industries of Massachusetts, Greater Boston Labor Council, Human Rights Watch, Jewish Alliance for Law and Social Action, Labor Guild of Archdiocese of Boston, Massachusetts AFL-CIO, Massachusetts Council of Churches, Massachusetts Immigrant Refugee Advocacy Coalition, the Massachusetts Interfaith Committee for Worker Justice, the National Labor Committee, Physicians for Human Rights, and the Workers Rights Consortium.  In the event any of the foregoing do not serve or are not designated, the Commissioner, on recommendation of the Advisory committee, as constituted at the time, shall appoint a substitute member.

B.   The members of the Advisory Committee shall serve without compensation but may be reimbursed subject to appropriation for expenses necessarily and reasonably incurred in the performance of their responsibilities.  Subject to appropriation, the Advisory Committee may employ such staff personnel as is reasonably necessary for it to carry out its functions. Within 30 days of the effective date of this act, the Commissioner shall convene a meeting of the Advisory Committee for the purpose of selecting a chairman and other officers as determined necessary, for adopting rules of procedure and for carrying out the objectives of this act.

C)    No vendors, contractors, or subcontractors doing business with the Commonwealth, directly or indirectly, shall be members of the Advisory Committee.

D)    Powers and functions shall include, but not be limited to, public hearings, when the Advisory Committee deems them advisable, oversight of monitoring, fact finding, and reporting as carried out under this act and referrals, when appropriate, to the Attorney General.

E)     The Advisory Committee shall meet at such times and places as shall be determined by its members in consultation with the Commissioner who shall be a member ex-officio.

SECTION 4. Penalties and Enforcement

1.                  If the Advisory Committee or the Commissioner has reason to believe that any violation of this act has occurred, they shall refer the matter for appropriate action to the Attorney General. Such referral may include a request for injunctive relief against any person violating this act.

2.                  If any person or voluntary association has reason to believe that any violation of this act has occurred, he or she, or any such association, may refer the matter to the Advisory Committee or the Commissioner for action and, if within sixty (60) days after such reference, the Advisory Committee or the Commissioner has either not reached an agreement with the persons or voluntary association or failed to refer the matter to the Attorney General or, as the case may be, has not taken other appropriate action, such person or voluntary association shall have the right to request the Attorney General to investigate and take appropriate action, including injunctive relief. If a judgment or an order for injunctive relief is granted by a court of competent jurisdiction, costs incurred and legal fees shall be awarded to such person or voluntary association.

3.                  Any person or organization who suffers any loss or is harmed in any way as a result of any violation this act (or any regulation hereunder) may, as hereinafter provided, bring an action in the superior court whether by way of original complaint, counter claim, cross claim or third party action for damages and such equitable relief, including an injunction as the court deems to be necessary and proper.

Any persons or organization entitled to bring such action may, if the aforementioned violation has caused similar loss or harm to numerous other persons similarly situated and, if the court finds in a preliminary hearing that he adequately and fairly represents such other persons, bring the action on behalf of himself and such other similarly injured and situated persons; the court shall require that notice of such action be given to unnamed petitioners in the most effective, practicable manner.  Such action shall not be dismissed, settled or compromised without the approval of the court, and notice of any proposed dismissal, settlement or compromise shall be given to all members of the class of petitioners in such a manner as the court directs.  If the court finds in any action commenced hereunder, that there has been a violation of this act, the petitioner shall, in addition to other relief provided for by this section and irrespective of the amount in controversy, be awarded reasonable attorneys’ fees and costs incurred in said action.

SECTION 5. Regulations

Within one hundred and twenty (120) days of the effective date hereof, the Commissioner in consultation with the Advisory Committee shall promulgate appropriate regulations for the purpose of carrying out the intent of this Act.