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Payment upon Separation from Employment
Employees who are fired, discharged, terminated, or laid off
When an employer discharges or lays off an employee, the employer must pay the
employee all wages due on the day of the discharge, except in Boston where they must be
paid as soon as the employer has complied with the laws requiring pay rolls, bills and
accounts to be certified. Massachusetts Gen. Law 149:148
Employees who quit or resign
When an employee quits, the employer must pay the employee all wages due by the next
regular payday, or, if the employer does not have a regular payday, on the next Saturday.
Massachusetts Gen. Law 149:148
Employees who are suspended or resigns due to a labor dispute (strike)
Massachusetts does not have a law specifically addressing the payment of wages to an
employee who leaves employment due to a labor dispute, however, to ensure compliance
with known laws, an employer should pay employees who resign due to a labor dispute no
later than the next regular payday, or, if the employer does not have a regular payday, on the
next Saturday. Massachusetts Gen. Law 149:148
Wages in Dispute
Massachusetts does not have any laws requiring an employer to pay an employee wages
conceded to be due when involved in a wage dispute with the employee.
Frequency of Wage Payments
An employer must pay wages weekly or every two weeks. An employer must pay
employees who work five or six days in a calendar week within 6 days of the end of the pay
period. An employer must pay employees who work seven days in a calendar week within
7 days of the end of the pay period. An employer must pay employees who work fewer
than 5 days in a calendar week within 7 days of the end of the pay period. An employer
may pay employees engaged in a bona fide executive, administrative or professional
capacity as determined by the attorney general weekly, ever two weeks or twice per
monthly, however, such employees can elect at his own option to be paid monthly.
Massachusetts Gen. Law 149:148
Manner of Payment
An employer may pay wages by cash and by check redeemable at face value without
deduction. Massachusetts Gen. Law 149:148
Direct Deposit
Massachusetts law appears to be silent regarding an employer's ability to pay employee
by direct deposit. Although it is likely employers may pay employees by direct deposit, the
law does not indicate whether an employer can require an employee to be paid by direct
deposit.
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Deductions from Wages
Massachusetts law simply states that an employer may not make deductions from an
employees wages if the deductions drop an employee's effective wage rate below
minimum wage, unless they are deductions pursuant to state or federal laws or deductions
for meals and lodging provided by the employer. Mass. Min. Wage Reg. 455 CMR 2.00
There is no law that prohibits an employer from deduct the following from an employee's
wages, so long as the employee's effective wage rate does not drop below minimum wage:
- cash shortages,
- inventory shortages,
- dishonored checks,
- dishonored credit cards,
- damages to the employer's property in any form or
- any merchandise purchased by a customer.
See Mass. Dept. of Labor and Workforce Dev. Op. MW-2003-003
Uniforms, Tools, and Other Equipment Necessary for Employment
There is no law that prohibits an employer from requiring an employee to pay for a uniform.
An employer may not require an employee to put a deposit down for a required uniform,
unless approved by the Mass. Department of Labor and Workforce Development. Mass.
Min. Wage Reg. 455 CMR 2.04 An employer may not require an employee to pay for the
cost of the maintenance of uniforms requiring dry-cleaning, commercial laundering, or
other special treatment, if the cost reduces the employee's effective wage rate below
minimum wage. This restriction does not apply to "wash and wear" uniforms. Mass. Min.
Wage Reg. 455 CMR 2.04; See Mass. Dept. of Labor and Workforce Dev. Op. MW-2001-019
Medical or Physical Exams, including Drug Tests, Required for Employment
An employer who requests or requires an employee or applicant to undergo a medical
examination by a physician designated by the employer, as a condition of employment,
must reimburse the employee or applicant for the medical expenses requested or
required. Massachusetts Gen. Law 149:159B
Notice of Wage Reduction
Massachusetts does not have any laws addressing when or how an employer may reduce
an employees wages or whether an employer must provide employees notice prior to
instituting a wage reduction.
Statement of Wages (Pay Stub)
An employer must provide to an employee at the time of payment a record of all deductions
taken from wages, including:
- social security,
- unemployment compensation benefits,
- pension,
- vacation or health and welfare funds,
- state taxes,
- federal taxes,
- dues check-off, and
- contributions to credit unions.
Massachusetts Gen. Law 149:150A
Record Keeping Requirements
An employer must keep for two years a true and accurate record of:
- the name, address and occupation of each employee,
- the amount paid each pay period to each employee, and
- the hours worked each day and each week by each employee
Massachusetts Gen. Law 151:15; Mass. Min. Wage Reg. 455 CMR 2.06
Notice Requirements
An employer must notify new employees in writing at the time of the first payment of his
wages about the nature of any deduction or contribution. Massachusetts Gen. Law
149:150A
Wage Payment Laws for Private Sector Employers
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- Frequency of Wage Payments
- Manner of Payments
- Payment upon Separation from Employment
- Employees who are fired, discharged, or terminated
- Employees who quit or resign
- Employees who is suspended or resigns due to a labor dispute (strike)
- Employees who are laid off
- Wages in Dispute
- Cash shortages
- Damage, loss or destruction of employer property
- Dishonored or returned checks
- Uniforms
- Tools and other items necessary for employment
- Pre-hire medical, physical, or drug tests
- Notice of Wage Reduction
- Statement of Wages (Pay Stub)
- Record Keeping Requirements
- Notice Requirements