Some examples of reasonable accommodations include: The Massachusetts law doesn't specify or limit how often an employee can take a break to breastfeed or express milk during a workday. 15 District of . For more specific topics, see Overtime, Prevailing wage, and Wages (in general). "According to the federal Bureau of Labor Statistics, it took nearly $18 in November 2022 to buy what $15 bought in June 2018.". If your work involves manual labor (such as construction worker, factory attendant, cashier, etc) you are probably protected under overtime law. Employers must make up the difference if the tips Wage and hour laws, The Attorney Generals Fair Labor Division. It is not an official statement of the regulations. Under federal and state laws, certain employees are exempt from the minimum wage. If your job is eligible for overtime protection under Massachusetts and Federal overtime law as described above, your employer is required by law to pay you an overtime premium for all qualifying overtime hours worked. The notice must be kept in a conspicuous place in the room where a minor is employed and must contain: Anyone who tries to forge a birth certificate of a minor or other evidence of age with the purpose of obtaining a work permit will be punished by: There are certain practices regarding employment in Massachusetts that are considered unlawful and discriminatory. Published: Oct. 03, 2022, 1:02 p.m. By Heather Morrison | hmorrison@masslive.com Minimum wage is currently $14.25 per hour in Massachusetts. Also, the state law of Massachusetts doesn't oblige certain jobs and workplaces to pay overtime (see the exemptions in the next section). If the service rate plus tips does not add up to at least the hourly minimum wage, the employer must pay the difference. A spokesperson for the Raise Up Coalition said the groups are "urging legislators to cosponsor" the Lewis and Nguyen-Donahue bills. Child labor laws on Massachusetts and Federal levels exist to prevent the exploitation of minors for labor, and ensure that education is prioritized over work. Please limit your input to 500 characters. Massachusetts's leave policy distinguishes it from other states since the only leave employers are not required to grant to their employees is vacation leave. If an employee works through their meal period the employer must compensate for that time. In Massachusetts, Executive Department employees get 1 to 7 paid days off in the said situations. M.G.L. MA House Bill 4640 , MA Statute 151-1 ; MA Dept. PFML offers employees family or medical paid leave of up to the following number of weeks per benefit year (consisting of 52 weeks, starting on a Sunday before the first day of paid leave) for: PFML allows its users to take more than one kind of leave in a benefit year but is limited to 26 weeks of paid leave in such a year. Practical nurses and paralegals, who would otherwise fall under the exempted category, are also specifically protected by overtime law as these particular professionals often endure long hours of work, and may be exploited or overworked by their employers otherwise. But some advocates say the latest $0.75 raise is not enough. Therefore, Massachusetts' overtime minimum wage is $22.50 per hour, one and a half times the regular Massachusetts minimum wage of $15.00 per hour. If you need assistance, please contact the Trial Court Law Libraries. For Minors Ages 16 and 17: Work is prohibited during these hours: Only between 6 a.m. and 10 p.m. (on nights preceding a regularly scheduled school day) - if the establishment stops serving clients or customers at 10:00 p.m., the minor may be employed until 10:15 p.m. Only between 6 a.m. and 11:30 p.m. (on nights not preceding a regularly . The Connecticut minimum wage increased to $15.00 per hour on June 1, 2023. are scheduled to work a shift that is three hours or longer; report to work at their scheduled time; and. Independent contractors, who are not considered legal employees, are also exempt from overtime law. Both New York and New Jersey plan to continue raising their. Let us know in a single click, and we'll fix it as soon as possible. ) or https:// means youve safely connected to the official website. "It's time that Beacon Hill starts looking at how can they alleviate costs for small businesses, not add to their pain and misery and pushing them over the edge toward closing their doors," Hurst said. A lock icon ( To do so, we need to calculate the hourly pay first. While we take all precautions to ensure that the data on this site is correct and up-to-date, we cannot be held liable for the accuracy of the labor law data we present. Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Massachusetts' minimum wage will go up again. The fate of other laws is There's a lot of stakeholders, and that conversation takes time, so I do think we should start getting that conversation underway now knowing that it could take some time before we reach consensus on what the next threshold should be for the minimum wage. Content 2023 Minimum-Wage.org, all rights reserved. 454 CMR 27Minimum wage Any person serving the armed forces of the Commonwealth or a county, city, or town is entitled to pay during the time of their service. Non-retail establishments Such businesses can't operate on Sundays except for some, Manufacturers They need to obtain a work permit if they wish to be open on Sundays. Coalition wants $20 minimum wage in Massachusetts by 2027 Learn more by calling 1-800-745-9970 2IFLDO3ULQW6L]H [ &RPSOLDQFH5HDG\ 'R1RW6FDOH 35,17 MASSACHUSETTS MINIMUM WAGE. In order to determine if a job is exempt from overtime, the FLSA provides a series of tests to determine the overtime eligibility of an employee based on pay rate, working conditions, skill level, and other factors. February 7, 2023 / 4:22 PM MGL c. 41, 108A Classification of positions; compensation plans; rules and regulations The state officially hiked the minimum wage to $15 an hour this year. Section 9 Certificate authorizing employment at less than minimum fair wage rates; Section 10 Wage rate less than fair wage; mailing and posting wage rate and regulations; Section 11 Failure to observe fair wage or regulations; summons; hearing; publication of names, liability; Section 12, 13 Repealed, 1973, 1192, Sec. Acquiring an Age Certificate in Massachusetts: In Massachusetts, minors can obtain age certification through their school, generally by contacting a guidance counselor or school administrator. Usage is subject to our Terms and Privacy Policy. Minors who are authorized to work in Massachusetts are subject to restrictions on when they can work, and how many hours they can work. $15/hour It's the last in a . It's considered unlawful for an employer to ask a job applicant or a former employer to provide an employee's wage or salary history. MGL c.151Minimum fair wages Furthermore, Massachusetts protects whistleblowers, witnesses, family members of such persons, or any other individual who is aware of information or records related to a violation from any type of: Anyone who punishes, harms, or otherwise retaliates against any said person can be punished with not more than 10 years of imprisonment in the state prison or by a fine of not less than $1,000 or more than $5,000. The following are some other regulations regarding termination of employment in Massachusetts. We hope this Massachusetts labor law guide has been helpful. Out of Reach | National Low Income Housing Coalition The federal minimum wage is $7.25 an hour, which applies in more than a dozen states, including New Hampshire. Employees who voluntarily quit their jobs must be paid in full on the following regular payday or the following Saturday (in the absence of a regular payday). View Sitemap. You have been subscribed to WBUR Today. Ultimate Massachusetts labor law guide: minimum wage, overtime, break, leave, hiring, termination, and miscellaneous labor laws. Effective January 1, 2019, the minimum wage for most employees became $12.00 per hour. Massachusetts law about minimum wage | Mass.gov While the minimum wage according to Massachusetts law is significantly higher than the federal minimum wage, Mass. After 8:00 p.m., all minors must have the direct and immediate supervision of an adult supervisor who is located in the workplace and is reasonably accessible to the minor, unless the minor works at a kiosk, cart or stand in the common area of an enclosed shopping mall that has security from 8:00 p.m. until the mall is closed to the public. Minimum Wages for Tipped Employees Contents :: Massachusetts Child Labor Law. The inspector general is in charge of receiving such complaints from the employee but must keep their identity a secret unless such disclosure is necessary during the investigation. Links to learning about your rights on the job, including information about attending a free wage theft clinic to meet with lawyers and other advocates to learn about your rights, draft a demand letter, or prepare a small claims court complaint. Massachusetts wage and hours handbook, MCLE, 2022. Even though federal law doesn't require employers to provide break or meal periods to their workers Massachusetts law says otherwise. While some states have daily overtime limit which entitles any employee who works for more then a certain number of hours in a single day to be paid overtime, Massachusetts does not specify a daily overtime limit. Please take a thoughtful approach and keep these factors in mind when set your rate: Since then, it has been increasing by $0.75 each year, and will continue to do so until 2023, when minimum wage will reach $15.00 per hour. A variety of occupations are completely exempt from overtime under Massachusett's overtime law, including janitors with living quarters, salespeople, apprentices and learners, fishermen, any seasonal employees, farm workers, seamen, and nonprofit school employees. The certificate must be acquired by the minor and presented to their employer to verify their ability to work before they are hired. of Labor. Workers who quit their jobs must be paid in full on the next regular payday or by the first Saturday after they quit (if there is no regular payday). Your job is classified as an Executive position if your full-time responsibility is management of two or more employees. Chapter 151, Sections 1, 2, 2A, and 7 In Massachusetts, all workers are presumed to be employees. All Massachusetts employers must follow state and federal laws stating when, where, and for what length of time minors (people under 18) may work. Still, the COBRA law only covers businesses with 20 or more employees. Fact specific interpretations of minimum fair wage law. In addition, they are entitled to the same benefits as any other employee leaves of absence or vacation with pay. Now, facing the prospect of renewed debate on another batch of minimum wage increases, Hurst said he "strongly oppose[s]" the latest measure. Massachusetts Wage & Hour Laws - Wellesley, MA Attorney General. When it comes to compensation, it's a matter of employee and employer mutual understanding. do not end up working at least three hours. A .mass.gov website belongs to an official government organization in Massachusetts. Workers in Massachusetts may take additional 24 hours of unpaid leave every 12 months to address certain family needs. Biological hazards Mold, pests, insects, etc. Only those holidays followed by asterisks (**) require premium pay for work performed before 12:00 noon and 1 p.m. Non-retail businesses may operate without a permit and without pay on the following legal holidays: Non-retail businesses must remain closed on any other legal holidays unless in exempt situations Exemptions: Sports, games and entertainment. The federal minimum wage of $7.25 applies to smaller employers with annual gross revenues below the specified minimum amount. File a wage complaint, Mass. / State House News Service, By Chris Lisinski, State House News Service. This doesn't apply to establishments such as shopping malls that have on-premise security guards. State Employees Responding as Volunteers Program (SERV) Eligible employees must have at least 6 months of state service to receive up to 1 day per month to volunteer during working hours. Minimum Wage Effective January 1, 2019, the minimum wage for most employees became $12.00 per hour. 454 CMR 28.00: The removal, containment, maintenance, or encapsulation of asbestos. Minimum Wage. These are certain working regulations and obligations in the manufacturing industries when working during holidays: Manufacturers can't require their employees to work on legal holidays unless the work is " absolutely necessary" and "can lawfully be performed on Sunday". 2023: Sunday premium pay rate is phased out entirely. Therefore, the overtime compensation per hour, in this case, is , $22 per hour x 0.5 = $11 for each overtime hour worked, Total overtime compensation during that week . The new minimum for tipped workers will rise by 60 cents to $6.75 an hour. These states have the highest minimum wage in 2023 "From 2013 to 2018, Raise Up Massachusetts worked to bring the statewide minimum wage closer to a living wage, and we're proud of our work to win the current $15 minimum wage. Unrestricted holidays for retail establishments During the following holidays, retail establishments may be open but without premium pay and a work permit on: Partially restricted holidays for retail establishments During the following holidays, retail establishments may be open but with premium pay of 1.1 times the regular rate and without a work permit on: Restricted holidays for retail establishments During the following holidays, retail establishments may be open but with premium pay of 1.1 times the regular rate and with an obtained work permit on: Unrestricted holidays for manufactures Manufacturers may operate without a permit> and without premium pay on the following legal holidays: Restricted holidays for manufacturers Manufacturers are prohibited from operating on the following legal holidays (unless granted a permit by the local police): Taking care of a family member who was injured serving in the armed forces, Serious health conditions (mental or physical), illnesses or injuries, Taking care of a family member with a serious health condition, illness, injury or pregnancy/childbirth, Taking care of a newborn or an adopted child, Managing affairs while a family member is on active duty, The state average weekly earnings for Massachusetts workers, and. Share sensitive information only on official, secure websites. 2023 CBS Broadcasting Inc. All Rights Reserved. Overtime laws in Massachusetts and nationally are designed to prevent workers from being exploited by their employers, with hourly wage earners (particularly those in blue-collar indistries) being the primarily protected group. Your job must be salaried to fulfill the requirements, and you must spend no more then 20% of your time doing activities that do not fit in the categories described above (or 40% in a retail environment). OSHA assures healthy and hazard-free working conditions for workers by setting safety standards and requirements that businesses must comply with.