Compliance Watch:

What are my rights as a salaried employee in Massachusetts?

In line with the Fair Labor Standards Act (FLSA) and labor laws in Massachusetts, salaried employees are workers who are entitled to receive a predetermined amount of compensation at regular intervals, such as biweekly or monthly. Additionally, some salaried employees may also be eligible for sick leave pay, and many of them meet the requirements to receive benefits under the Family and Medical Leave Act (FMLA).

Certain salaried employees are considered exempt from certain labor regulations. These include executives, administrators, professionals with specialized skills, computer professionals, outside sales personnel, and highly compensated employees. However, if you’re a salaried employee without one of these roles, you may be classified as non-exempt and entitled to overtime compensation.

Learn more about your rights as an hourly employee in Massachusetts and Massachusetts salaried employee laws.

Here is a list of some of the basic rights of salaried employees in Massachusetts:

• If non-exempt salaried workers exceed 40 hours a week, they must get paid 1.5 times their usual hourly rate for overtime.
• Eligible salaried employees can take unpaid leave under FMLA for certain family or medical reasons, without losing their job. In Michigan, you need to apply for this leave if you’ll be away for five or more consecutive days.
• Salaried employees should have a 30-minute uninterrupted rest break for every six hours worked.
• Employers can’t discriminate or create a hostile workplace based on protected characteristics.
• In Massachusetts, public employees can report workplace fraud, waste, or abuse under the Whistleblower Act, and their identity will be kept secret during the investigation by the inspector general.
• Employment is “at-will”.
• Pregnant employees are protected against discrimination.

Some salaried employees can be exempt from overtime pay, but not all roles are exempt. The state follows federal definitions for four specific categories:

• Professionals: These include employees with advanced knowledge and experience in their field, and they use this expertise to manage departments in their organization.
• Executives: Executives also have advanced knowledge and expertise, and they have the authority to make decisions about hiring and firing.
• Computer Employees: This category includes roles like software engineers, computer programmers, and analysts.
• Administrative Employees: These are people who work in areas like accounting, quality control, human resources, personnel management, or labor relations.

For an in-depth understanding of this topic, you can access our guide on Massachusetts overtime laws.

No, employers in Massachusetts cannot deduct money from a worker’s pay unless the law allows it under certain circumstances. This includes deductions like wage withholding taxes, or the worker asking for a deduction to be made for their benefit, such as putting money aside in the worker’s savings account. An employer cannot take money from a worker’s pay for the employer’s ordinary business costs.

Employees in Massachusetts are entitled to a minimum 30-minute meal break if they work more than six hours in a day. Employees should be relieved of all work-related responsibilities during their break and should have the freedom to leave their workplace. It’s important to note that this break may be unpaid.

If employers choose to request that employees work through their meal breaks, they must be compensated for their time. However, the employer is also permitted to make it a requirement to take a break. Meal breaks can also be used for personal activities, including prayer.

In Massachusetts, most employees are entitled to a maximum of 40 hours of sick leave per year to attend to health and family needs. Employers who provide vacation benefits must establish written policies that detail these benefits. Employees should be made aware of these upon their hiring and should acknowledge in writing that they understand these policies.

Additionally, there is a provision for small necessities leave, which allows workers to take up to 24 hours of unpaid leave within 12 months for specific reasons. This applies if the employer has a workforce of 50 or more employees, and the employee has worked a minimum of 1,250 hours for the same employer in the past year.

It’s essential to note that this leave is separate from the 12 weeks of leave permitted under the Family and Medical Leave Act (FMLA).

Flextime is a flexible work system that’s part of the Massachusetts Alternative Work Options Program. This program allows state employees in Massachusetts to have more control over when they work. There are different flexible work arrangements offered in the program, these include working part-time, staggered work hours, job sharing, and flexible hours.

With flextime, employees can decide when they start and finish work, as long as they follow management guidelines. This system allows employees to come in and leave work at different times. If someone needs to go to the doctor or handle personal stuff during work hours, they can make up for it by working more on another day, as long as they work a total of 37.5 hours or 40 hours in a week. Part-time workers have similar flexibility but must meet their weekly hour commitment.

Following regulations set by the Fair Labor Standards Act (FLSA), some salaried employees are not entitled to receive extra pay for working overtime. This means that if they work more than 40 hours a week, they cannot receive additional compensation. On the contrary, if an employee is classified as non-exempt, it means they have the right to receive overtime pay for every minute worked beyond 40 hours in a week.

To determine if you are considered an exempt or non-exempt employee in Massachusetts, you must apply the criteria set by the Fair Labor Standards Act (FLSA):

• Salary Level Test: If your annual salary exceeds $35,568, which is equivalent to $684 per week, you might qualify for exempt status.
• Salary Basis Test: If you receive a guaranteed minimum compensation, regardless of the actual hours you work, you might be considered exempt.
• Duties Test: To be classified as exempt, you must meet the requirements outlined in the first two tests and also perform job duties that fall under the exempt category. These duties may include executive responsibilities involving administrative tasks, the regular supervision of two or more employees, and professional tasks that require specialized education, as well as the exercise of discretion and judgment.

The standard minimum wage in the state of Massachusetts stands at $15.00 per hour for the majority of employees.

Service workers, who receive tips, are also entitled to receive this minimum wage. There are instances where an employer may compensate service workers at a service rate of $6.75 per hour. Nevertheless, the combined sum of both hourly tips and the hourly service rate should meet the minimum wage. If the combined sum does not meet the minimum wage per hour, the employer is obligated to pay the difference.

Agricultural workers in Massachusetts are entitled to a minimum wage of $8.00 per hour.

Most workers who work longer than the standard 40-hour workweek are entitled to receive overtime compensation. These employees should receive 1.5 times the standard hourly wage for each hour worked beyond the 40-hour threshold.

Employers are not permitted to deduct money from an employee’s wages to cover standard operational expenses like supplies, materials, or tools. Additionally, there are legal prohibitions regarding when and how much an employer can withhold from an employee’s pay for providing lodging and meals. If an employee is required by their employer to purchase or rent a uniform, they must either cover the uniform’s cost or reimburse the employee for the funds used.

Employees in Massachusetts are entitled to a range of benefits and protections under state law, which include the following:

• Protection Against Discrimination: Massachusetts laws ensure that no one can treat you unfairly or harass you at work because of factors such as your gender, race, age, or other protected elements.
• Sexual Harassment: It is against the law in Massachusetts for anyone to sexually harass you at work. Your workplace should be free from any form of harassment or hostility. 
• Fair Treatment for Disabilities: If you have a disability, the Massachusetts Fair Employment Practices law makes sure that your employer cannot discriminate against you. They must provide reasonable accommodations unless it’s too difficult for them.
• Genetic Discrimination: Your genetic information, like the results of genetic tests, cannot be used against you when you’re applying for a job or getting insurance in Massachusetts. 
• Parental Leave and Pregnancy: If you work for an employer with at least six employees in Massachusetts, you have the right to take up to eight weeks of unpaid leave for the birth or adoption of a child. This rule applies to all employees, no matter their gender.
• Religious Accommodations: Employees are permitted to request accommodations to practice their religion if it involves specific beliefs or practices.

If you believe that an employer has not adhered to labor laws, you have the option to submit a formal complaint to the Attorney General’s Office (AGO). Circumstances that may lead an employee to contemplate complaining include unpleasant matters like unpaid earnings, discrimination, retaliation, and more.

Additionally, situations such as the non-receipt of final paychecks, unpaid vacation hours following the termination of employment, unauthorized deductions from paychecks, and violations of meal and rest break regulations can all justify an employee filing a complaint.