I am so happy that I decided to sign on with the Law office of Jeffrey Glassman. Use this button to show and access all levels. A lock icon ( An advisory from the Attorney General's Fair Labor and Business Practices Division on meal periods (Advisory 94/2), Mass. Breaks and time off, Mass. Massachusetts employment law sourcebook and citator, MCLE. Employers in Massachusetts are generally required to accrue sick time for all employees. Workers in Massachusetts who make more than $100,000 a year are most likely exempt. . If their employer cannot prove all of the above elements as they relate to executive duties, that employee must receive overtime pay. State consumer laws permit mandatory direct deposit of wages, but only if the employee is permitted to choose the financial institution into which his or her wages will be deposited. The most common violation of labor laws that employers commit is the incorrect classification of workers as exempt to avoid the obligation to pay overtime wages. Specific temperature requirements for various types of workplaces. Workers fall into two categories of employees nonexempt, those paid hourly, and exempt, or salaried. Both require overtime pay for time worked over 40 hours in any single work week. Exempt employees are not entitled to some labor law protections, including the right to receive overtime pay for working over 40 hours in a week. The equal pay law prohibits an employer from requiring as a condition of employment that an employee refrain from inquiring about, discussing or disclosing information about the employee's own wages or any other employee's wages. Exempt salaried employees are paid a standard weekly, monthly or annual wage. A three-part test is used to determine whether a worker is an employee or an independent contractor. Customarily, terms and conditions of part-time and full-time employees are similar, although benefits that are based on scheduled or worked hours are usually prorated. Key Massachusetts requirements impacting recruiting and hiring are: An employer with six or more employees is prohibited from inquiring about a job applicant's criminal history on its initial written application form. Give us a call today at (617) 777-7777 or contact us online today to learn more about how we can assist you. Massachusetts labor law posters to download Federal labor law posters to download. This article contains general legal information but does not constitute professional legal advice for your particular situation. An employer may pay employees engaged in a bona fide executive, administrative or professional capacity as determined by the attorney general weekly every two (2) weeks or twice per month, however, such employees can elect at their own option to be paid monthly. A federal court recently ruled that 7-Eleven franchise owners are not employees of the franchisor, the latest development in a long-running legal saga challenging their status as independent contractors. Read New Jersey's executive order. "There is no legal distinction between part-time employees and full-time employees. An official website of the Commonwealth of Massachusetts, This page, Massachusetts law about employment, is, Massachusetts law about employment and employment leave, for the law library, Massachusetts law about employment and employment leave. Gig economy (Uber, Lyft, Airbnb, VRBO, etc. This pay increase went into effect on January 1, 2020. Massachusetts Wage and Hour Laws - FindLaw Mass.gov is a registered service mark of the Commonwealth of Massachusetts. Massachusetts has laws that relate to employee pay and benefits, including health care continuation, payment of wages, pay statements, pay frequency and wage deductions. Explains the criteria for when an employer does and does not have to pay a trainee. No matter how many hours they put in during a workweek, they receive the same salary. However, an employer may not require employees to work on Sundays or legal holidays, and an employee's refusal to work may not be grounds for termination, discrimination or a reduction in hours. Be sure to refer to your states Department of Labor, as states have their own rules regarding the maximum hourly limit for salaried employees. 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. Use of the service is subject to our terms and conditions. Any employer in possession of a job applicant's criminal offender record information must provide the individual with a copy of the record: Employers that conduct five or more criminal background checks per year must maintain a written policy containing certain required provisions. Like hours worked, overtime pay is determined by your employment contract more than any particular set of laws. Please limit your input to 500 characters. Diagnosis, care or treatment of the employee's or a covered family member's illness, injury or medical condition; Preventive care or routine medical appointments for the employee or a covered family member; and. MGL c.151B, 4 Unlawful practices 18 hours a week when school is in session (40 hours when school is not in session); Eight hours a day on Saturdays, Sundays and holidays, and when school is not in session; and. Powered byBlacks Law Dictionary, Free 2nd ed., and The Law Dictionary. Bonafide administrative employees. They also say what kinds of work or tasks minors must NOT do. 1) Fair Labor Standards Act (FLSA) 2) Minimum Fair Wage Law, MGL ch. In Athol Daily News v. Division of Employment and Training, 439 Mass. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Massachusetts HR and Employment Law - XpertHR Law, can be found at G.L. An employee is eligible for sick and safe leave if his or her primary place of work is in Massachusetts, regardless of where the employer is located. If you aren't sure what bargaining unit or job grade your title falls under, please refer tothe, There are 12 levels or grades of Managers (M1-M12) and each has an, Reclassification of current job to a higher grade (reallocation). You skipped the table of contents section. The State also restricts any form of background checks while employing a worker. Provides a quick and easy summary of Massachusetts wage and hours laws. Misclassification doesnt come without risk. 29 USC 201-219 Fair Labor Standards Act. Outside the Normal Course of Employers Business: The work is performed outside the usual course of the employers business. To be considered FLSA exempt as a bona fide executive employee, the following must be true: The employee's primary duty must be managing the enterprise or a recognized department or subdivision. M.G.L ch. New Mass. Pay Equity Law Prohibits Salary-History Questions - SHRM ) or https:// means youve safely connected to the official website. When does a job interview become compensable. Drivers over 18 may make or place calls, but using the device cannot interfere with driving and one hand must be on the wheel at all times. An official website of the Commonwealth of Massachusetts, This page, Massachusetts law about hours and conditions of employment, is, Massachusetts law about employment and employment leave, for the law library, Massachusetts law about employment and employment leave, Massachusetts law about hours and conditions of employment. An employer must pay employees who work five (5) or six (6) days in a calendar week within six (6) days of the end of the pay period. Massachusetts law about employment | Mass.gov : "Massachusetts does not require employers to offer rest breaks other than the 30-minute lunch breakThere is no federal law which requires an employer to provide rest breaksSome bargaining agreements may require breaks during the work day.". Read More: Employee Rights for Overtime Hours in the Workplace. Massachusetts employment law does not address the duties or type of work of computer workers. A .mass.gov website belongs to an official government organization in Massachusetts. We are incredibly worried about the state of general information available on the internet and strongly believe our mission is to give voice to unsung experts leading their respective fields. Managers in Grade M5-M8 are only eligible to receive overtime pay if approved by the Chief Human Resources Officer at the Human Resources Division and the Secretary of the Executive Office of Administration and Finance. She has a bachelor's degree in English and journalism, and has been writing for more than 30 years. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. To meet the requirements of the salary level test, exempt employees must receive at least $35,568 annually ($684 per week). salary minimum every three years, the new rule contains no such provision. The Act prohibits employers from requiring that employees refrain from discussing wage information. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. Please do not include personal or contact information. A lock icon ( Determining Whether Salaried Executive Employees are Entitled to Overtime Under Massachusetts Wage and Hour Laws. If a collective bargaining agreement includes an across-the-board (ATB) increase to the salary charts, all employees in that Bargaining Unit will receive that increase as long as their performance meets expectations. Massachusetts law mirrors the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) with regard to qualifying events and timelines. View transcript What would you like to do? For information on any other aspect of employment law, see Massachusetts law about employment and work leave. Massachusetts wage and hour laws: the top 10 violations 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. of Labor, 2018. Read Illinois' executive order. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. PDF Changes to Exempt Employee Law and Massachusetts Minimum Wage: What Massachusetts wage and hours handbook, 7th ed., MCLE, 2022. Nonexempt employees must be paid one-and-one-half times their regular hourly rate for all hours worked in excess of 40 hours in a given workweek. Customarily and regularly directs the duties of two or more full-time employees or the equivalent. Discusses the meal break law and the ability of the employee to waive it. How many hours per day or per week can an employee work? Exempt salaried employees are paid a standard weekly, monthly or annual wage. For 15 years our company has published content with clear steps to accomplish the how, with high quality sourcing to answer the why, and with original formats to make the internet a helpful place. MCAD guidance on the Pregnant Workers Fairness Act, New federal protections for pregnant and nursing employees in 2023: What employers need to know, Telework under the Fair Labor Standards Act and Family and Medical Leave Act. Workers in Massachusetts who make more than $100,000 a year are most likely exempt. The minimum requirement is either one hour for every 30 hours worked, or 40 hours per year. An employment contract or job description specifying that the individual is free from any supervisory direction isn't enough to classify an individual as an independent contractor. Share sensitive information only on official, secure websites. New federal protections for pregnant and nursing employees in 2023: What employers need to know, JDSupra, 2023. MGL c.136, 5Conducting business on Sunday, MGL c.136, 6Limitations to rules on conducting business on Sunday, MGL c.136, 13Legal holidays; application of Secs. 7-Eleven Franchise Owners Not Deemed Employees Under Massachusetts Law Professional employees must also make the above minimum salary. Drivers under 18 are banned from using cell phones for any purpose while operating a vehicle. Under the Massachusetts health care continuation law, group health policies issued to employers with two to 19 employees must include continuation coverage. Please do not include personal or contact information. Please remove any contact information or personal data from your feedback. I would recommend this law firm. Select Massachusetts employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. View our privacy policy, privacy policy (California), cookie policy, supported browsers and access your cookie settings | Your Privacy Choices, Copyright 2023 LexisNexis Risk Solutions. While 40 hours per week is considered the standard, many employment contracts differ depending on the needs of the employer. Print sources Massachusetts Drafting employment documents in Massachusetts, 4th ed., MCLE, loose-leaf. Exempted workers must fall under three categories of "bonafide" or legitimate positions to meet the duties test requirements. Reviewed by Michelle Seidel, B.Sc., LL.B./JD, MBA. Certain salaried workers who are exempt from receiving overtime pay must receive at least $455 a week, according to Fair Labor Standards Act laws. Exempt workers do not receive overtime pay. An employee must pass three tests salary basis, salary level and duties for the state and the FSLA to consider them a salaried worker. Massachusetts Wage & Hour Laws - Wellesley, MA Laws, regulations, and web sources on hours and conditions of employment law. 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. Explains requirements for sleeping time for employees required to work shifts of more than 24 hours. (eBook available here with library card). 171 (2003), the Massachusetts Supreme Court ruled that newspaper carriers weren't independent contractors because they performed the "usual course of business" of a local newspaper. For example, employees with weekly gross wages of $1,400 who work 40 hours a week will have standard hourly wages equal to $35. For example: One key factor used to assess whether an employee is exempt is the amount of independent judgment that the employee can exercise about matters of significance. There is no legal distinction between part-time employees and full-time employees. If you need assistance, please contact the Trial Court Law Libraries. The law also prohibits an employer from penalizing or in any way discriminating against an employee because the employee is seeking his or her rights to equal pay under wage and hour laws. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. Her works have appeared in leading periodicals like "Madame Noire," "Halogen TV," "The Network Journal," "Essence," "Your Church Magazine," "The Trenton Times," "Pittsburgh Quarterly" and "New Citizens Press.". A salaried worker can get paid once a week, bi-weekly, semi-monthly or monthly. Office of Labor and Workforce Uniform Deposit Waiver Application Policy. A terminated (fired or laid off) employee must be paid all wages due and owing on the day of termination. Payment of Wages and Salary Federal and state laws have many rules about how employees are paid. The employer must notify an employee within 10 days after placing disciplinary information in the employee's personnel file, or information that negatively reflects on the employee's qualification for continued employment, promotion, transfer or increased compensation. We serve clients throughout Massachusetts, including, but not limited to, those in the following localities: Bristol County including Fall River and Taunton; Essex County including Haverhill, Lawrence, Lynn, and Salem; Middlesex County including Cambridge, Framingham, Lowell, Malden, Newton, Somerville, and Waltham; Norfolk County including Brookline, Quincy, and Weymouth; Plymouth County including Brockton and Plymouth; Suffolk County including Boston, Jamaica Plain, and Revere; and Worcester County including Fitchburg, Leominster, and Worcester.