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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Massachusetts employers must provide a 30-minute break after six hours of working. The
break period may be unpaid if the employees are free to leave the workplace during the
break. An employee can voluntarily give up the meal break, but must be paid for all hours
worked. Compensation for the 30-minute meal break must be paid if the employee has
voluntarily agreed to waive his or her meal break by (1) working through his or her meal
break, or (2) remaining on the premises at the request of the employer during the meal
break. Employers in certain manufacturing industries may be exempted from this
requirement. Mass. Gen. Law Ch 149, Sec. 101.
Massachusetts employers must provide a 30-minute break after six hours of working. The
break period may be unpaid if the employees are free to leave the workplace during the
break. An employee can voluntarily give up the meal break, but must be paid for all hours
worked. Compensation for the 30-minute meal break must be paid if the employee has
voluntarily agreed to waive his or her meal break by (1) working through his or her meal
break, or (2) remaining on the premises at the request of the employer during the meal
break. Employers in certain manufacturing industries may be exempted from this
requirement. Mass. Gen. Law Ch 149, Sec. 101.
Vacation
In Massachusetts, an employer is not required to provide its employees with vacation
benefits, either paid or unpaid. MA Off. of Labor FAQs. If an employer chooses to provide
such benefits, it must comply with the terms of its established policy or employment
contract.
If an employer chooses to provide vacation benefits, it must pay employees for the accrued
or earned leave upon separation from employment, regardless of the reason. MA Atty. Gen.
Advisory 99/1. An employer cannot enforce a vacation leave policy where an employee
forfeits all or part of their accrued or vested vacation upon separation from employment. MA
Atty. Gen. Advisory 99/1.
An employer may place a reasonable cap on the amount of vacation leave employees may
accrue. MA Atty. Gen. Advisory 99/1.
An employer may lawfully implement a “use-it-or-lose-it” policy requiring employees to use
their leave by a set date or lose it, so long as employees have a reasonable opportunity to
use their leave. MA Atty. Gen. Advisory 99/1.
In Massachusetts, an employer is not required to provide its employees with vacation
benefits, either paid or unpaid. MA Off. of Labor FAQs. If an employer chooses to provide
such benefits, it must comply with the terms of its established policy or employment
contract.
If an employer chooses to provide vacation benefits, it must pay employees for the accrued
or earned leave upon separation from employment, regardless of the reason. MA Atty. Gen.
Advisory 99/1. An employer cannot enforce a vacation leave policy where an employee
forfeits all or part of their accrued or vested vacation upon separation from employment. MA
Atty. Gen. Advisory 99/1.
An employer may place a reasonable cap on the amount of vacation leave employees may
accrue. MA Atty. Gen. Advisory 99/1.
An employer may lawfully implement a “use-it-or-lose-it” policy requiring employees to use
their leave by a set date or lose it, so long as employees have a reasonable opportunity to
use their leave. MA Atty. Gen. Advisory 99/1.
Severance
Massachusetts law does not require employers to provide employees with severance pay.
MA Off. of Labor FAQs. If an employer chooses to provide severance benefits, it must
comply with the terms of its established policy or employment contract.
Massachusetts law does not require employers to provide employees with severance pay.
MA Off. of Labor FAQs. If an employer chooses to provide severance benefits, it must
comply with the terms of its established policy or employment contract.
Holidays
Massachusetts has laws that govern holiday work. The law differentiates between
retailers, non-retailers, and manufacturers. Mass. Blue Laws Overview.
Retail
Holidays on which work can be performed only with a permit from the local police
department and approval by the State's Division of Occupational Safety:
Holidays on which work can be performed without a permit, however, employees can
refuse to work and must be paid 1 1/2 times their regular rate:
Holidays on which work can be performed without limitations:
Non-Retail
Holidays on which work can be performed only with a permit from the local police (If the
permit is acquired an employee can be required to work and is only entitled to regular pay
unless standard overtime or Sunday Blue Laws apply):
Holidays on which work can be performed without limitation:
Manufacturing
The non-retail holiday requirements generally apply to manufacturing. However, although
manufacturers may lawfully stay open on legal holidays with the proper permits, employees
cannot be required to work on those days, but instead must be given the option to work or
not, except in very limited circumstances where the work being performed 1) is absolutely
necessary and 2) the enterprise requires continuous operation. Otherwise work must be
voluntary.
Massachusetts has laws that govern holiday work. The law differentiates between
retailers, non-retailers, and manufacturers. Mass. Blue Laws Overview.
Retail
Holidays on which work can be performed only with a permit from the local police
department and approval by the State's Division of Occupational Safety:
- Christmas Columbus Day before noon
Thanksgiving Veteran's Day before 1:00 p.m.
Holidays on which work can be performed without a permit, however, employees can
refuse to work and must be paid 1 1/2 times their regular rate:
- New Year's Day Labor Day
Memorial Day Columbus Day after 12:00 noon
Independence Day Veterans' Day after 1:00 p.m.
Holidays on which work can be performed without limitations:
- Martin Luther King Day Patriots' Day
President's Day Bunker Hill Day
Evacuation Day
Non-Retail
Holidays on which work can be performed only with a permit from the local police (If the
permit is acquired an employee can be required to work and is only entitled to regular pay
unless standard overtime or Sunday Blue Laws apply):
- Christmas Labor Day
Thanksgiving Columbus Day before 12:00 noon
Memorial Day Veterans Day before 1:00 p.m.
Independence Day
Holidays on which work can be performed without limitation:
- New Year's Day Patriots Day
Martin Luther King Day Bunker Hill Day
President's Day Columbus Day after 12:00 noon
Evacuation Day Veterans Day after 1:00 p.m.
Manufacturing
The non-retail holiday requirements generally apply to manufacturing. However, although
manufacturers may lawfully stay open on legal holidays with the proper permits, employees
cannot be required to work on those days, but instead must be given the option to work or
not, except in very limited circumstances where the work being performed 1) is absolutely
necessary and 2) the enterprise requires continuous operation. Otherwise work must be
voluntary.
Minimum Wage
Massachusetts' current minimum wage is $8.00. Mass. Gen. Law Ch. 151, Sec. 1; MA Off.
of Labor FAQs. Some exceptions apply to Massachusett's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Massachusetts, the
state minimum wage law will apply as it generally guarantees a higher wage rate for
employees than federal law.
Massachusetts' current minimum wage is $8.00. Mass. Gen. Law Ch. 151, Sec. 1; MA Off.
of Labor FAQs. Some exceptions apply to Massachusett's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Massachusetts, the
state minimum wage law will apply as it generally guarantees a higher wage rate for
employees than federal law.
Overtime
Massachusetts requires employers to pay employees overtime at a rate of 1 1/2 time their
regular rate when they work 40 hours or more in a work week, unless otherwise exempt.
Mass. Gen. Law Ch. 151, Sec. 1A; MA Off. of Labor FAQs. See FLSA: Overtime for more
information regarding overtime requirements.
Massachusetts requires employers to pay employees overtime at a rate of 1 1/2 time their
regular rate when they work 40 hours or more in a work week, unless otherwise exempt.
Mass. Gen. Law Ch. 151, Sec. 1A; MA Off. of Labor FAQs. See FLSA: Overtime for more
information regarding overtime requirements.
Sick Leave
Maryland law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. MA Off. of Labor FAQs. An employer in Massachusetts may be
required to provide an employee unpaid sick leave in accordance with the Family and
Medical Leave Act or other federal laws.
Maryland law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. MA Off. of Labor FAQs. An employer in Massachusetts may be
required to provide an employee unpaid sick leave in accordance with the Family and
Medical Leave Act or other federal laws.
Blue Laws
Massachusetts maintains laws, know as Blue Laws, that limit an employer's ability to
require employees to work on Sundays and some holidays. Also, in situations where
employers are permitted to employ employees on Sundays or holidays, they may be
required to pay those employee at a rate of 1 1/2 times their regular rate. See Mass. Blue
Laws Overview.
Massachusetts maintains laws, know as Blue Laws, that limit an employer's ability to
require employees to work on Sundays and some holidays. Also, in situations where
employers are permitted to employ employees on Sundays or holidays, they may be
required to pay those employee at a rate of 1 1/2 times their regular rate. See Mass. Blue
Laws Overview.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer must pay regular employees their regular wages for the first three (3) days, or
part thereof, of juror service. Regular employees include part-time, temporary, and casual
employees as long as the hours of the employee may reasonably be determined by a
schedule or by custom and practice established during the three-month period preceding
the term of juror service. Each self-employed juror is responsible for compensating
himself for the first three (3) days, or part thereof, of juror service.
Massachusetts Stat. 234A.48
A court has the authority to excuse an employer from the duty to compensate an employee
on jury duty or to excuse a self-employed juror from the duty to compensate himself for the
first three (3) days, or part thereof, of juror service upon a finding that the employer or
self-employed juror would suffer extreme financial hardship if the duty to pay wages for the
first three (3) days were not removed. If an employer or self-employed juror is excused
from paying wages, the court must award reasonable compensation in lieu of wages to the
juror to be paid by the state for the first three (3) days, or part thereof, of juror service, up to
$50 per day.
Massachusetts Stat. 234A.49
An employer may not discharge, penalize, deny benefits to, harass, threaten, or coerce an
employee because the employee has received and/or responds to a juror summons or
performs any obligation related of juror service. An employer may not impose compulsory
work assignments upon any employee or do any other intentional act which substantially
interferes with the availability, effectiveness, attentiveness, or peace of mind of the
employee during the performance of his or her juror service.
Massachusetts Stat. 234A.61
An employer must pay regular employees their regular wages for the first three (3) days, or
part thereof, of juror service. Regular employees include part-time, temporary, and casual
employees as long as the hours of the employee may reasonably be determined by a
schedule or by custom and practice established during the three-month period preceding
the term of juror service. Each self-employed juror is responsible for compensating
himself for the first three (3) days, or part thereof, of juror service.
Massachusetts Stat. 234A.48
A court has the authority to excuse an employer from the duty to compensate an employee
on jury duty or to excuse a self-employed juror from the duty to compensate himself for the
first three (3) days, or part thereof, of juror service upon a finding that the employer or
self-employed juror would suffer extreme financial hardship if the duty to pay wages for the
first three (3) days were not removed. If an employer or self-employed juror is excused
from paying wages, the court must award reasonable compensation in lieu of wages to the
juror to be paid by the state for the first three (3) days, or part thereof, of juror service, up to
$50 per day.
Massachusetts Stat. 234A.49
An employer may not discharge, penalize, deny benefits to, harass, threaten, or coerce an
employee because the employee has received and/or responds to a juror summons or
performs any obligation related of juror service. An employer may not impose compulsory
work assignments upon any employee or do any other intentional act which substantially
interferes with the availability, effectiveness, attentiveness, or peace of mind of the
employee during the performance of his or her juror service.
Massachusetts Stat. 234A.61
