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Home > State Law Articles > Massachusetts > Wage & Hour (MA)

Articles Discussing Massachusetts Wage & Hour Laws.

Massachusetts Appeals Court Clarifies Issues Regarding Overtime Compensation Defenses

January 28, 2021 | Ogletree Deakins Filed Under: Wage & Hour (MA)

Employees who claim that their employers misclassified them as exempt from the overtime requirements of Massachusetts law frequently attempt to recover overtime pay for hours worked outside the statute of limitations applicable to statutory overtime claims. In pursuing these claims, employees often argue that the statute of limitations should be

MA Minimum Wage & Service Rate Set to Increase on January 1, 2021

December 23, 2020 | Hirsch Roberts Weinstein LLP Filed Under: Wage & Hour (MA)

The post MA Minimum Wage & Service Rate Set to Increase on January 1, 2021 appeared first on Hirsch Roberts Weinstein LLP.

SJC Clarifies Overtime and Premium Pay Requirements for Salespeople Paid on a 100% Commission Basis

May 12, 2019 | Hirsch Roberts Weinstein LLP Filed Under: Wage & Hour (MA)

The Massachusetts Supreme Judicial Court (“SJC”) issued an important decision on May 8, 2019, in the matter of Sullivan et al v. Sleepy’s LLC et al regarding overtime and Sunday pay requirements for inside salespeople who are compensated entirely by commission.

MA Minimum Wage Increases and an Update on Paid Leave

January 3, 2019 | Hirsch Roberts Weinstein LLP Filed Under: Wage & Hour (MA)

Beginning on January 1, 2019, the Massachusetts minimum wage will be raised from $11.00 to $12.00, part of a tiered effort that will raise the Commonwealth’s minimum wage to $15.00 by 2023. Similarly, the tipped minimum wage increases from $3.75 to $4.35 on January 1 and will likewise continue to increase yearly until it reaches $6.75 in 2023. Under the new law, retail employees’ Sunday time rate will decrease from time-and-a-half to one and four-tenths the employee’s regular rate. The rate will decrease yearly until it is gradually eliminated in 2023.

Massachusetts High Court Rules That Sick Pay Does Not Constitute Wages Under State Law

January 31, 2018 | Littler Filed Under: Wage & Hour (MA)

Littler

On January 29, 2018, the Massachusetts Supreme Judicial Court held that sick pay does not constitute wages under the Massachusetts Payment of Wages Law, M.G.L. c. 149, § 148. As a result, employers are not liable under the Payment of Wages Law if they choose not to pay out accrued, unused sick pay to employees upon termination of employment.

A Retailer’s Failure to Pay Time And A Half for Work Performed on Sundays And Holidays May Violate Massachusetts’ Payment of Wages Law

April 25, 2017 | Littler Filed Under: Wage & Hour (MA)

Littler

Massachusetts law requires most retail employers to pay employees time and a half for work performed on Sundays and certain holidays. In a case of first impression, a Massachusetts Superior Court judge recently held that retail employers that fail to make such payments may be sued under the state Payment of Wages Law, thereby subjecting them to mandatory awards of treble damages and attorneys’ fees.

Massachusetts Passes Pay Equity Act

September 15, 2016 | Hirsch Roberts Weinstein LLP Filed Under: Wage & Hour (MA)

On August 1, 2016, Massachusetts Governor Charlie Baker made news across the Commonwealth and around the country when he signed into law An Act to Establish Pay Equity (the “Pay Equity Act”), which strengthens the state’s existing equal pay law and imposes certain new obligations and limitations on employers. This Client Alert provides an overview of the key provisions of the new law. Employers should take advantage of the time before the Pay Equity Act goes into effect on July 1, 2018 to understand the requirements of the law and consider compliance strategies.

Massachusetts Governor Signs Tough Pay Equity Bill

August 3, 2016 | Jackson Lewis Filed Under: Wage & Hour (MA)

Jackson Lewis

Massachusetts has become the latest state to strengthen its pay equity laws. Governor Charlie Baker signed a bill amending the state’s Equal Pay Act on August 1, 2016. The new law, which becomes effective on January 1, 2018, imposes more rigorous equal pay obligations on employers and provides for automatic triple damages and attorneys’ fees, among other things.

Massachusetts Adds Teeth to Equal Pay Obligations

July 31, 2016 | Littler Filed Under: Wage & Hour (MA)

Littler

On July 23, 2016, the Massachusetts Legislature passed the Act to Establish Pay Equity (the “Act”).1 The stated purpose of the Act is to increase wage transparency and bridge the gender gap with regard to wages. Governor Baker stated that he intends to sign the Act next week. If he does so, the Act will take effect on January 1, 2018. When it takes effect, Massachusetts will have one of the most expansive equal pay laws in the Nation. In addition, by limiting the amount of wage-related information employers may obtain from job applicants, the Act may force employers to revise their job applications to eliminate requests for applicants’ pay history.

Massachusetts Prepares to Toughen Pay Equity Requirements

July 31, 2016 | Jackson Lewis Filed Under: Wage & Hour (MA)

Jackson Lewis

The Massachusetts legislature has passed a bill to amend the state’s Equal Pay Act that would impose more rigorous equal pay obligations on employers by prohibiting certain conduct. Both house of the legislature (Senate and House of Representatives) passed the bill unanimously in July. The bill now waits for the Governor’s signature.

Massachusetts Moves Closer to Toughening Pay Equity Requirements

February 16, 2016 | Jackson Lewis Filed Under: Wage & Hour (MA)

Jackson Lewis

The Massachusetts Senate has passed a bill to amend the state’s Equal Pay Act that would impose more rigorous equal pay obligations on employers by prohibiting certain conduct. The House is considering the bill.

Massachusetts Earned Sick Time Safe Harbor is Drawing to an End: Are Your Policies Compliant?

December 3, 2015 | Littler Filed Under: Wage & Hour (MA)

Littler

On July 1, 2015, the Massachusetts earned sick time law took effect, requiring most Massachusetts employers to provide their employees with the right to accrue and take up to 40 hours of paid sick leave per year. The law does not require employers with paid time off plans or policies equivalent to, or more generous than, the new law to provide additional paid sick time.

Massachusetts Courts Permit No Tipping Policy and Limit the Scope of the Restaurant Exemption

April 24, 2015 | Littler Filed Under: Wage & Hour (MA)

Littler

Massachusetts courts recently clarified two issues of great interest to employers in the hospitality and restaurant industries. On the one hand, the Massachusetts Supreme Judicial Court held that Massachusetts law does not prohibit employers from adopting a no-tipping policy. On the other hand, the federal district court in Massachusetts held that the “restaurant employee” exemption to the state overtime law does not apply to maintenance technicians who travel between restaurants.

Massachusetts Enacts Minimum Wage Increases

July 7, 2014 | Jackson Lewis Filed Under: Wage & Hour (MA)

Jackson Lewis

Massachusetts Governor Deval Patrick has signed new law mandating increases in the state’s minimum wage to $11.00 an hour by January 1, 2017.

Federal Court Potentially Loosens Rules for Arbitrating Wage Claims in Massachusetts

December 13, 2013 | Littler Filed Under: Wage & Hour (MA)

Littler

In a recent decision, Judge Young of the U.S. District Court for the District of Massachusetts held that an arbitration agreement does not need to specifically reference the Massachusetts Payment of Wages Law in order for claims under that statute to be subject to arbitration. Specifically, the district court held that any such requirement would be preempted by the Federal Arbitration Act (FAA).

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