Employment and labor laws in Massachusetts [Updated 2023]

Throughout the United States, employment laws safeguard workers from discrimination, unfair working conditions, and hazardous environments. Employers who breach these laws may face serious penalties and other punishments. Despite the presence of nationwide federal laws, specific legal obligations can differ between states and even among cities.

The Commonwealth of Massachusetts stands out as an employee-supportive state, offering additional safeguards against discrimination, wage violations, and related issues. Whether your business operates in Boston, Springfield, or anywhere else in the state, it’s critical to understand and comply with Massachusetts' distinct employment regulations.

Luckily, Rippling’s Professional Employer Organization service can take on your local tax registration and management—eliminating the guesswork from staying compliant with Massachusetts state laws, and letting you grow your business faster.

Employment vs. labor law: What’s the difference?

Though the terms employment law and labor law are often used interchangeably and do have some shared characteristics, they possess distinct legal meanings. The primary distinction lies in the parties involved. While employment law usually pertains to matters concerning the relationship between an employer and an individual, labor law comes into play when the issues revolve around an employer and a group of individuals, such as unions.

Here are the differences at a glance:

• Employment law encompasses work hours, overtime, wages, recruitment practices, retaliation, and workplace discrimination.
• Labor law is a subset of employment law that deals specifically with aspects like union membership, union dues, and collective bargaining agreements.

Wages and hours in Massachusetts

Minimum wage laws ensure that workers receive fair compensation, while overtime laws ensure that eligible workers are compensated for working longer than the typical 40-hour workweek.

Minimum wage in Massachusetts

The current minimum wage in Massachusetts for non-tipped workers is $15.00/hour. This state minimum wage is more than twice as much as the federal minimum wage of $7.25/hour. Tipped employees are only owed $6.75/hour. However, with tips, they must reach the minimum wage or be compensated by their employer.

Wherever your employees are based, Rippling automatically flags any minimum wage violations when you’re setting hourly wages. This is especially helpful in states like Massachusetts, where the minimum wages are higher than the federal standard.

Overtime pay in Massachusetts

Employees who work more than 40 hours per workweek must get 1.5 times their usual rate for those overtime hours. There are overtime exemptions for professional or seasonal workers. This includes:

• Executives 
• Janitors or caretakers who are given living quarters
• Outside salespeople 
• Fishermen 
• Laborers involved in agriculture or farming
• Workers in hotels, gas stations, restaurants, hospitals, non-profit schools or colleges, summer camps, and amusement parks

Want help adhering to overtime pay laws in Massachusetts? Rippling’s payroll software makes it simple by automatically applying the correct overtime pay rates when an employee’s hours trigger overtime pay requirements.

Pay transparency in Massachusetts

Pay transparency is the practice of sharing information about employee compensation with the aim of promoting fairness, equity, and trust among workers. Many states throughout the US have adopted pay transparency laws in recent years. 

Though Massachusetts doesn’t have pay transparency laws yet, it may soon. Two pieces of pay transparency legislation are under consideration and could go into effect in 2024. One would require employers with 100+ employees in Massachusetts to provide an industry-based “aggregate wage data report,” which would provide the state with information about their pay rates. 

The second piece of legislation would require any employer with 25+ employees to disclose the pay range, salary range, or hourly wage range for any job posting. In addition to providing pay ranges to job applicants, employers would also have to provide ranges to current employees.

Rippling enforces compensation bands during the onboarding process and flags out-of-band adjustments, so you can accept special cases and block others.

Breaks and rest periods in Massachusetts

Under Massachusetts law, there are regulations around breaks and rest periods. Employees who work 6+ hour shifts are required to get at least a 30-minute meal break. During their break, they must be able to do as they wish, including leaving the work premises. The break does not have to be paid, and employers can compel workers to take this break. If employees decide to work through their meal breaks, they need to be paid for that time. 

Leaves of absence in Massachusetts

Whether employees are recuperating from an ailment, welcoming a new child, tending to a family member, or managing a significant personal issue, they occasionally require leave from work. During such periods, work-related concerns should be the least of their worries. That's why US regulations and Massachusetts laws safeguard employees' positions during certain types of leave until they return to the workplace.

All employers in Massachusetts must provide:

• Voting leave for employees in certain industries (including manufacturing, mechanical, and retail)
• Leave on Memorial Day and Veterans Day for veteran employees
• Parental leave under the Massachusetts Parental Leave Law. Under this law, which is enforced by the Massachusetts Commission Against Discrimination, workers get eight weeks of job-protected leave for childbirth or adoption.
• Jury duty leave. Jobs are protected while employees are on jury duty leave, and they must be paid regularly by their employer for the first three days of jury service. 
• Sick and safe leave. This must be paid for by employers with 11+ employees, while smaller employers must offer unpaid leave, regardless of where the employer is based. (See more below.)
• Paid Family and Medical Leave (PFML) grants eligible employees up to 26 weeks of job-protected leave for certain medical or family needs. 
• Military leave
• Court appearance leave
• Emergency responder leave

Employers with 50+ employees in Massachusetts must provide:

• Family and Medical Leave: Under the Family and Medical Leave Act (FMLA), eligible employees get up to 12 weeks of job-protected leave for certain medical or family needs. 
• Small necessities leave: This is a 24-hour unpaid leave given each year to attend a child’s school activity, take a child to a doctor’s appointment, or take an elder to a doctor’s appointment. This leave is required in addition to the 12 weeks mandated by the FMLA.
• Domestic violence and abusive situation leave: This is 15 days of unpaid or paid leave for matters related to domestic violence, including seeking medical attention or counseling, securing housing, appearing in court, or attending child custody proceedings. 

The Massachusetts Paid Family and Medical Leave (PFML) program provides temporary income replacement to those who are welcoming a new child, are struck by severe injury or illness, are caring for an ailing relative, or have special military considerations. 

Pregnancy disability leave in Massachusetts

Though there is not a specific mandated type of leave for pregnancy disability in Massachusetts, most employees are eligible for up to 26 weeks of paid family and medical leave per year. Those who qualify for medical leave during their pregnancy or after giving birth can get up to 20 weeks of medical leave as certified by their doctors. After their medical leave, they can transition directly into family leave (maternity leave or paternity leave) or postpone that family leave time until later in the first year of the child’s life. 

Under the Fair Employment Practices Law (FEPL) and the Massachusetts Pregnant Workers Fairness Act (MPWFA), employers with 6+ employees need to provide reasonable accommodations for those who are pregnant or suffering complications due to pregnancy. This includes but is not limited to, additional rest breaks, time off, job restructuring or change of duties, private locations for lactation, or modified work schedules. 

Paid sick leave in Massachusetts

With a few exceptions, workers in Massachusetts have the right to earn sick time. This means they can earn and use up to 40 hours of sick time per year. This can be used to take care of either themselves or family members. Whether sick leave needs to be paid or unpaid depends upon the employer's size. Employers with 11+ Massachusetts employees are required to provide paid sick time, while employers with fewer than 11 employees do not need to pay for sick leave. 

Sick time can be used to deal with illness, injury, routine medical appointments, or issues related to domestic violence. 

Not only does Rippling allow you to automate and customize your leave policy, but it also gives you full visibility into how employees are taking leave.

Workplace safety in Massachusetts

Throughout the US, employers are responsible for maintaining safe working environments. This includes providing safe equipment and protective gear, training employees about safety, and developing safety policies. 

There’s a split in workplace safety rules in Massachusetts depending on the employer. In 2022, the Massachusetts Workplace Safety and Health Program (WSHP) was recognized as an OSHA State Plan, which is defined as a plan that is at least as effective as OSHA (if not more effective) at preventing workplace injuries, illnesses, and mortalities. 

Some states require employers to develop a Safety, Health, Injury & Illness Prevention Plan (IIPP). In Massachusetts, this is not required for private-sector employers. However, employers seeking to insure themselves for workers’ compensation need to submit information about their safety and loss prevention programs (which might take the form of an IIPP).

Any employer operating in Massachusetts, even those based out of state, must carry workers’ compensation insurance for all of their Massachusetts employees. 

If you need workers' compensation insurance but are worried about costs, Rippling PEO offers a convenient pay-as-you-go workers’ comp plan. You don’t have to pay upfront for an entire year, so you can scale your business stress-free in Massachusetts and anywhere else in the US. 

Discrimination and harassment laws in Massachusetts

Employment discrimination and harassment laws prevent and counteract hostility and mistreatment within work settings. In Massachusetts, the Fair Employment Practices Law (FEPL) prohibits employers with 6+ employees from discriminating against job seekers or current employees on the basis of:

• Race
• Color
• Religion
• Ancestry
• Sex
• Age (for those 40+)
• Pregnancy status, childbirth, or related medical conditions
• Criminal record
• Disability
• Sexual orientation or gender identity
• Genetics
• Military or veteran status

Discrimination can manifest in different ways, such as unfair hiring practices, unequal pay, denial of promotions, or biased treatment. Workplace discrimination creates an environment where individuals are subject to unequal treatment solely due to their identity or background.

Harassment in the workplace involves the creation of a hostile or intimidating atmosphere through unwelcome behavior, including offensive comments, gestures, slurs, or actions that create a sense of discomfort, fear, or humiliation. 

Employers are liable for harassment by their employees, even if they aren’t aware of the behavior. Employers with six or more employees must adopt written sexual harassment policies (for example, as part of an employee handbook), and the state encourages employers (regardless of size) to provide sexual harassment prevention training. It’s recommended that such training occurs at least once within the first year of employment, with supervisors or managers taking additional training within a year of being promoted into their new role.

Sexual harassment training requirements vary by state, which is why Rippling’s Learning Management System is pre-loaded with different core sexual harassment training courses to meet the state requirements of all employees.

Unions in Massachusetts

Labor unions are collectives of employees who unite to advocate for equitable working conditions. They may promote improved wages, increased time off, enhanced benefits, safe working conditions, and more. The National Labor Relations Act (NLRA) entitles employees throughout the US to:

• Form or join a union to negotiate with their employer
• Participate in collective bargaining by selecting employee representatives
• Talk about employment terms with colleagues
• Act to better working conditions, which includes filing complaints with employers or the government, as well as seeking union assistance
• Engage in strikes and picketing, if the reasons for doing so are valid
• Opt out of becoming a union member

Labor unions are not allowed to coerce employees with threats of job loss or punishment if the employee chooses not to support or join the union. Likewise, employers are prohibited from obstructing, discouraging, coercing, terminating, demoting, or menacing employees who express a desire to endorse a union.

Massachusetts has a right-to-work law, meaning that employees can choose whether or not they wish to join a union without impacting their ability to be employed. In Massachusetts, 12.6% of the wage and salary workers were union members in 2023, higher than the federal average of 10%.

FAQs about Massachusetts labor and employment laws

Are independent contractors covered under Massachusetts employment laws?

Independent contractors—also known as self-employed individuals, freelancers, gig workers, or contract workers—are not afforded protections under Massachusetts state employment law. This means they are not covered by minimum wage, overtime, or leave laws, as well as other employee protections.

Rippling’s free analyzer tool can help you determine whether you’re classifying workers correctly and complying with employment regulations. 

Does at-will employment exist in Massachusetts?

Yes, at-will employment exists in Massachusetts. This means that, unless an employee is part of a union or signed a contract stating overwise, they can be terminated at any time, without notice, and without reason (as long as they are not being terminated for discriminatory purposes). Likewise, employees can quit without notice at any time.

What privacy rights do employees have in Massachusetts?

In Massachusetts, employees have a general right to expect privacy. Employers can only monitor employees if they have legitimate business reasons and, in doing so, adhere to privacy laws. Employees should expect that materials stored in their workspace, files, lockers, desks, or bags are private, and employers should notify them in advance if those areas will be searched.

If an employer plans to perform electronic surveillance, they need to set out an electronic communications policy outlining that communications are being monitored in the workplace. What’s more, employees should consent to this policy.

If employers want to use video surveillance, they must have a legitimate business reason for doing so and should obtain consent from employees. However, video cameras in sensitive areas, such as bathrooms, cannot be used.

Are background checks legal in Massachusetts?

Massachusetts has complicated laws around background checks. Criminal record checks are limited in Massachusetts. Employers may not ask about criminal backgrounds on initial job applications. With applicant consent, employers can use the state’s iCORI criminal record database. 

Employers may obtain consumer reports as part of a background check, but they need a legitimate business purpose for doing so. They must also get consent from the applicant and certify that the employer is in compliance with the Fair Credit Reporting Act (FCRA). 

Throughout the background check process, employers should be careful not to make discriminatory hiring decisions based on the information they find.

Are whistleblowers protected in Massachusetts?

Yes. In Massachusetts, whistleblowers are protected by the False Claims Act. What’s more, employees are not allowed to retaliate against whistleblowers who lawfully disclose such information.

Is workers’ compensation coverage required in Massachusetts?

Yes, all employers operating in Massachusetts, even those based out of state, must carry workers’ compensation insurance for their Massachusetts employees. 

Are there required healthcare benefits in Massachusetts?

Yes, employers with 50 or more employees must offer health coverage that meets minimum standards, per federal laws. All individuals over the age of 18 must have health coverage, or they’ll be penalized. 

Are Massachusetts employers required to provide bereavement leave?

No, employers aren’t required to provide bereavement leave or funeral leave. 

What employee protections are available in Massachusetts if layoffs occur?

Under the Worker Adjustment and Retraining Notification (WARN) Act, employers with 100+ employees must provide 60 days' notice to all employees in the event of a mass layoff. Generally speaking, when employees are laid off, they are owed full payment of wages and any applicable vacation time payouts. 

What child labor laws are there in Massachusetts?

Youth employment is highly regulated in Massachusetts. Except in limited circumstances, children under the age of 14 are not allowed to work. Minors who are between the ages of 14 and 18 may work limited jobs with a limited number of hours. All employment laws that apply to adults also apply to minors, including minimum wage, earned sick time, overtime, and breaks. Anyone who employs children must have a Youth Employment Permit.

What are “blue laws” in Massachusetts?

The Massachusetts Blue Laws control hours of operation for non-retail businesses on Sundays and holidays. There are exceptions for hotels, restaurants, pharmacies, and similar types of businesses. Fully restricted holidays include Columbus Day (before 12 p.m.), Veterans Day (before 1 p.m.), Thanksgiving, and Christmas. Partially restricted holidays include New Year's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day (after 12 p.m.), and Veterans Day (after 1 p.m.). 

What are the required payment schedules in Massachusetts?

Nonexempt employees and hourly employees should be paid weekly or biweekly, while exempt or salaried employees should be paid biweekly, semi-monthly, or monthly.

Disclaimer: Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.