Massachusetts Labor Laws

In the US, the federal Fair Labor Standards Act (FLSA) sets regulations to manage the time spent by employees in the workplace, safeguarding their rights and guaranteeing fair pay for their efforts. These laws act as directives for employers, keeping them in check and minimizing any forms of abuse or exploitation.

Compared to the FLSA, Massachusetts labor laws provide greater wage and break provisions to employees. A brief overview of minimum wage, overtime, and break regulations in the state is as follows: 

Employers who contravene Massachusetts time management laws face severe legal ramifications, including fines, back pay, and damages. If workers feel that their employer has violated federal time management laws, they can file a complaint with the Massachusetts Attorney General’s Fair Labor Division for investigation and legal action.

Massachusetts Fair Employment Laws prohibit employers with six or more employees from harassing, retaliating, or discriminating against employees in any aspect of hiring and employment due to protected characteristics like:

Employment in Massachusetts is governed by the at-will employment doctrine, which allows employers and employees to end an employment relationship at any time and for any reason. However, employers are prohibited from ending an employment contract at will if such termination violates public policy. Additionally, an employee cannot be terminated due to discriminatory or retaliatory reasons or for refusal to partake in illegal activities. 

Final wage payments in Massachusetts must follow certain guidelines set by state law. If an employee voluntarily quits, they must be paid in full on their following regular payday or the following Saturday if there isn’t a regular payday. However, if an employee is terminated or laid off, they must be paid in full on the day of their discharge. In case an employee is absent on the day of termination, they must be paid their final wage on demand. 

Some key labor laws in Massachusetts also include:

• Whistleblower Laws: Under Massachusetts’s Whistleblower Laws, employers—including public utility employers—cannot retaliate against employees who report or threaten to report legal violations by their employer, testify in court against them, or refuse to engage in any illegal activity at their employer’s direction. Before reporting to a state authority, employees must submit a written report of the violation to their supervisor, allowing adequate time for corrective action. However, if reporting the violation poses a risk of harm to the employee, and they believe their supervisor is already aware of the misconduct, they may report directly to a state authority. 
• Drug Testing Laws: While there are no specific laws mandating workplace drug testing in Massachusetts, employers can carry out drug tests under certain circumstances. Employees can be required to undergo drug tests if an employer suspects potential drug use that may cause harm to others, damage company property, or expose the employer to legal liability. 
• Recordkeeping Laws: Employers are required to maintain accurate payroll records for all workers for a minimum of three years. These records must include information like the employee’s name, address, occupation, social security number, and details about pay rate and hours worked (daily and weekly). Employees in Massachusetts can request access to their records at a reasonable time and location.
• Workplace Safety Laws: Under the federal Occupational Safety and Health Act (OSHA), employers in Massachusetts are responsible for ensuring their workplace is safe from OSHA-recognized health and safety hazards. Employees must be provided adequate tools, equipment, and training in a language they understand to ensure safety on the job.  OSHA also protects employees from employer retaliation if they report workplace hazards.

In Massachusetts, state law entitles employees to receive a minimum wage of at least $15.00 per hour as of January 1, 2023. This rate applies equally to full-time and part-time employees.

Agricultural employees in the state must receive a minimum wage of $8.00 per hour.  

Massachusetts labor law defines a tipped employee as a service worker who receives over $20 per month in tips. As of January 1, 2023, these employees are entitled to a reduced minimum wage of $6.75 per hour, allowing employers to withhold $8.25 as tip credit. 

However, if a tipped employee’s earned tips and cash wages do not add up to the state minimum wage of $15.00 per hour, employers must make up the difference. 

Employers can also allow tip pooling to distribute employees’ tips. 

In Massachusetts, employees aged under 20 can be paid a reduced minimum wage of $4.25 per hour for the first 90 days of employment. Additionally, certain employees are exempt from minimum wage requirements under both state and federal laws, including: 

• Executive, administrative, learned, and creative professionals who earn at least $684 per week or $35,568 annually
• Outside salespersons
• Members of a religious order
• Employees receiving training within certain nonprofit, religious, or educational organizations
• Camp counselors and trainers
• Student learners
• Full-time student employees
• Babysitters employed on a casual basis
• Employees working in seasonal and recreational establishments
• Employees working as companions of an elderly or sick
• Employees working in newspaper delivery
• Employees of newspaper agencies with limited distribution
• Employees with disabilities
• Federal criminal investigators
• Domestic workers making wreaths
• Fishermen
• Switchboard operators
• Seamen employed on non-American ships

Following Massachusetts employment law, hourly employees must receive their wages on a weekly or bi-weekly basis. These laws also set specific payment deadlines based on the number of days an employee works within a week. 

If an employee works five to six days in a week, they must be paid within six days from their last day of work. If they work one to four days or an entire week (i.e., seven days), they must be paid within seven days from their last day of work. 

Employers can pay wages through direct deposit, however, employees must be able to access their pay without extra cost. 

Massachusetts overtime laws require all non-exempt employees who work more than 40 hours in a workweek to be paid extra for all hours worked as overtime. This additional wage is calculated at 1.5 times the employee’s regular hourly pay. 

Overtime wages cannot be waived by mutual agreement between an employer and employee. Furthermore, state law does not allow employers to provide employees with compensatory time off (“comp time”) instead of overtime wages.  

Note that paid holiday hours are not included in overtime calculations. Consider the following example. An employee works 40 hours in a week and receives one day (eight hours) paid, which increases their weekly work hour total to 48. However, they will not be compensated with extra wages for the eight additional hours as they were not worked. 

Learn more about your overtime rights in Massachusetts. 

Fluctuating Workweek Overtime In Massachusetts

Overtime laws in Massachusetts allow certain non-exempt salaried employees to receive overtime through the Fluctuating Workweek Method (FWW). Eligible employees can receive an additional one-half (0.5) times their regular hourly pay rate for each extra hour worked. 

To be eligible for overtime under the FWW method, employees must have a workweek with fluctuating hours but still receive a fixed salary, including commissions, bonuses, and hazard pay.

In Massachusetts, the FLSA exempts certain occupations from overtime pay due to the nature of the job and/or employer. Generally, white collar employees—which includes administrators, executives, and learned professionals—earning at least $684 weekly (or $35,658 annually) are exempt from overtime pay. 

The FLSA also exempts the following occupations from receiving overtime pay: 

• Outside salespeople 
• Highly compensated employees earning $107,432
• Computer employees earning at least $27.63 hourly
• Airline employees
• Casual babysitters
• Workers employed in seasonal and recreational parks
• Boat, aircraft, truck, and trailer salespersons
• Fishermen
• Fruit and vegetable transportation workers
• Local delivery drivers and their helpers
• Forestry and lumber workers employed in businesses with less than 9 employees
• Motion picture theatre workers
• Newspaper delivery workers
• Newspaper employees in agencies with limited circulation
• Railroad workers
• Seamen on American and non-American vessels
• Sugar processing workers
• Switchboard operators
• Taxicab drivers
• Television station employees in small markets
• Farm implement salespeople
• Firefighters employed in public firefighting departments with less than 5 firefighters
• Federal criminal investigators

Additionally, state law exempts the following occupations from receiving overtime pay, even if they work more than 40 hours in a given workweek:

• Janitors and caretakers with living quarters earning at least $30 per week
• Golf caddies
• Newsboys
• Child actors or performers
• Certain executive, administrative, or professional workers earning $80 per week
• Learners, apprentices, or handicapped people employed with a special license
• Truck drivers or helpers with maximum hours established by the ICC
• Seasonal workers employed for 120 days or less
• Gasoline station employees
• Restaurant staff
• Employees in hotels, motels, and similar establishments
• Garagemen except for parking lot attendants
• Hospital employees
• Staff in non-profit schools, colleges, or summer camps
• Employees in amusement parks who work 150 days or less per year. 

Massachusetts break laws entitle employees to a meal break lasting at least 30 minutes if they work more than six hours in a shift. Employees must be relieved of all job duties for the duration of their meal break. 

State law does not require meal breaks to be paid except if:

• An employee is required to work throughout their break
• An employer requests an employee to stay on work premises for the duration of the break

Massachusetts Day of Rest Law

In Massachusetts, employers are required to provide all employees one day of rest after six consecutive days of work in a standard workweek. For a day to qualify as a ‘rest day’, a worker must be given uninterrupted time off from 8 a.m. until 5 p.m.

Employers in Massachusetts are required by the federal Patient Protection and Affordable Care Act to provide nursing employees with breaks to express milk at the workplace for one year after the birth of a child. The frequency and duration of the break may vary based on the employee’s needs.  

Employers must also provide reasonable accommodations to nursing employees, including a private space that is free from intrusion to express milk. Note that employers are not obligated to compensate employees for these breaks. However, nursing employees can use existing paid breaks (if provided) to express milk. 

Massachusetts leave laws mandate employers to provide the following benefits to employees in the state:

• Sick Leave: All employees can earn one hour of sick leave for every 30 hours worked under the Massachusetts Earned Sick Time policy. Sick leave accrual is capped at 40 hours annually. Where employers with less than 11 employees can provide unpaid earned sick leave, those with 11 or more employees must provide paid earned sick leave.
• Family and Medical Leave: Under the Massachusetts Paid Family and Medical Leave (PFML), employees can take paid leave for up to 12 to 26 weeks in a one-year period for qualifying reasons including caring for their own or a family member’s serious ailment, pregnancy, childbirth, adoption, foster placement, or caring for an injured family member who is part of the armed forces. The maximum weekly pay under this leave is $1,170.64 per week in 2025. To be eligible for this benefit, an employee must have earned at least $6,300 over the previous four quarters and 30 times the benefit amount they qualify for. They must also apply for leave at least 60 days before it begins and notify their employer at least 30 days beforehand.
• Voting Leave: Employees working in manufacturing, retail, and mechanical establishments can take two hours of voting leave in Massachusetts. This leave can be used to vote within the first two hours after polls open. An employee can request their employer to grant more time by providing a valid reason. Compensation for voting leave is entirely up to the employer.
• Donor Leave: Massachusetts Blood Donation Leave Policy allows state employees to take four hours of paid leave every time they donate blood. Employees can donate blood up to five times between October 1st and September 30th. Furthermore, Executive Department employees can take up to five days of paid leave for bone marrow donation and up to 30 days of paid leave in a year for organ donation.
• Jury Duty Leave: In Massachusetts, employees are entitled to receive paid jury leave when summoned for jury duty in state or federal courts. Employers are required to pay a worker their full wages when they’re away on jury leave.
• Leave for Victims of Domestic Violence: Employees who are victims of domestic violence, sexual assault, stalking, or kidnapping or have a family member who is a victim can take paid leave for up to 15 days under the Massachusetts Domestic Violence Leave Act. Only employers with 50 or more employees are required to offer this leave. Employees can use this leave to seek medical help, attend court hearings or custody proceedings, or receive counseling.
• Small Necessity Leave: Employees can take up to 24 hours of unpaid leave every year under the Massachusetts Small Necessities Leave Act. This leave can be used for reasons such as attending the school or dental appointments of one’s child or elderly relative. However, only companies with over 50 employees can offer this benefit, with eligible workers having put in at least 1,250 hours within the past 12 months. This leave is offered separately from the federal FMLA.
• Veteran Leave: Veterans working in the private sector in Massachusetts must be given leave on Veterans Day. Veterans are also entitled to take a reasonable amount of time off to participate in Memorial Day activities. Employers can choose to compensate veterans for such time off at their discretion.  However, veteran leave is not obligatory if the worker holds a job position that is integral to the safety of the public or the employer’s business.

The following is a list of official holidays that will be observed in Massachusetts in 2025:

Massachusetts law defines a minor as any individual under the age of 18. The minimum age of employment in Massachusetts is 14. Minors younger than 14 can only work as newspaper carriers, in entertainment, or on farms. 

Work Permits for Minors in Massachusetts

Minors are required to get a work permit in Massachusetts if they wish to secure employment. Minors must get a new work permit for each new job location they work at. Additionally, employers must keep a minor’s work permit on file at each job location where they are employed for the duration of their employment or until they turn 18. 

Working hours for minors in Massachusetts are determined by their age and school schedule. However, minors of all ages can only work up to six days per week. Additionally, any minor working after 8 p.m. must be supervised by an adult, except in locations with on-site security personnel, like shopping malls.  

Minors aged 16 and 17 may work up to 48 hours a week, with a maximum of nine hours per day. Work is permitted between 6 a.m. and 10 p.m. on regular school days and until 11:30 p.m. on non-school nights. Minors employed in restaurants and racetracks can work until midnight on nights preceding a non-school day. 

Minors aged 14 and 15 are only allowed to work from 7 a.m. to 7 p.m. during school term. Work hours may be scheduled until 9 p.m. from July 1st to Labor Day. Weekly work hours are capped at 18, with a maximum of three work hours allowed on school days and eight work hours allowed on weekends and holidays. During summer break, minors aged 14 and 15 can work eight hours daily, with weekly hours not exceeding 40.

Massachusetts child labor laws prohibit all minors from employment in hazardous occupations, including:

Furthermore, minors under the age of 16 are prohibited from working in the following professions: