This summary is intended to provide a general overview to help With respect to premium pay, the Massachusetts Blue Laws most commonly apply to retail workers. If an employer remains open on a holiday, the employer may, as a matter of policy, offer overtime compensation to a non-exempt employee. Holiday Pay Laws. What are the Holiday pay laws in massachusetts? Holiday Premium Pay for New Year's Day, Columbus Day before 12 p.m. and Veterans Day before 1 p.m.: January 1, 2019 1.5 times hourly rate; January 1, 2020 1.5 times hourly rate; January 1, 2021 1.5 times hourly rate; Are Commissioned Employees Entitled to Minimum Wage and Overtime Under Massachusetts Law? The minimum wage will go from $11 to $12 an hour, a result of a law passed last summer. 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The laws, which are interpreted and enforced by local courts and staff members at the Massachusetts Labor and Workforce Development office, are designed to ensure that salaried Also, in situations where employers are permitted to employ employees on Sundays or holidays, they may be required to pay those employee at a rate of 1 times their regular rate. Do employers have to pay for training time? The holiday premium pay requirement will be phased out on January 1, 2023 for these holidays. However, on Juneteenth (as with Memorial Day, July Fourth, and Labor Day) businesses which qualify for certain retail exemptions to Sunday closing laws (including the exemption for general retail operations) and have seven or more employees must pay employees, except bona fide executive, administrative or In some circumstances, those laws require Massachusetts employers to pay certain Massachusetts employees extra, sometimes as much as time-and-a-half, for hours worked on certain holidays or Sundays. There are many exceptions to these closure laws but retail employers who are permitted to operate on a holiday are often required to offer premium pay on the holiday, and are not permitted to discipline or penalize employees who refuse to work on the holiday. Generally, if a retailer has more than 7 employees, the retailer must pay its workers premium pay for work done on a Sunday or Holiday. The Minimum Fair Wage Laws of Massachusetts do not require extra pay for holidays, night work or weekends; however, certain Massachusetts Blue Laws require a handful of retailers to pay premium for Sundays and certain holidays. Restrictions on business openings on Sundays and legal holidays, commonly known as the Massachusetts Blue Laws, are enforced by the Attorney General's Office. The holidays covered by the premium pay laws are New Years Day, Memorial Day, Independence Day, Labor Day, Columbus A recent Massachusetts Superior Court ruling says yes. In Massachusetts, some holidays are partially restricted and businesses may still operate without a permit. The Massachusetts Blue Laws control hours of operation for certain businesses and require some businesses to pay extra compensation (known as "premium pay") on Sundays and some legal holidays. Post was not sent - check your email addresses! Massachusetts celebrates holidays that are recognized by the federal government including Washingtons Birthday, Memorial Day and Independence Day. If the holiday falls on a Saturday, it is celebrated on the preceding Friday and if it falls on a Sunday, it is celebrated on the following Again, nothing in federal law requires the employer to do so, as long as the employee has not worked more than 40 hours in that week. An employer operating in violation of the Sunday or holiday work laws may be subject to a fine of not less than $20.00 and no more than $100.00 for a first offense, and a The Massachusetts Blue Laws contains specific requirements regarding pay for employees that work certain holidays or Sundays. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Each individual's facts and circumstances may differ from a subject referenced on this site. The information on this website is for general purposes only. Premium pay required only if retailer employs more than seven (7) workers, including the owner. v. The InStore Group, LLC, a Massachusetts court granted summary judgment in favor of a Plaintiff and a class of retail vendor associates claiming that they were misclassified as an independent contractors. For more information about holiday pay or the Massachusetts blue laws, contact a member of the Employment Law Group. Exempt employees may lose their exempt status if they are not compensated for a holiday. That first example could potentially cover a wide variety of establishments. What is and is not a retail establishment is not always clear but includes (1) a store or shop that sells retail goods, (2) the retail sale of tobacco products, soft drinks, confectioneries, baby foods, fresh fruit and fresh vegetables, dairy products and eggs, and the retail sale of poultry by the person who raises the same, and (3) the retail sale of drugs and medicines and the retail sale or rental of mechanical appliances prescribed by physicians or surgeons, and the retail sale of personal health and sanitary supplies. Non-exempt employees generally do not need to be provided with paid holidays. Nothing in Massachusetts law requires private employers to give employees paid time off for any holiday. *Under Massachusetts law, if a permit is granted, time and one-half pay and voluntariness of employment requirements do apply. Over the years, the Legislature has amended these laws to contain over 50 exceptions. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled The partially restricted holidays are as follows: New Year's Day, Memorial Day, Independence Day, Labor State labor laws in Massachusetts for salaried employees cover areas such as overtime pay, minimum wage and pay frequency. The premium pay requirement of the Massachusetts blue laws Changes in Massachusetts minimum wage and the blue law affecting premium pay for certain employees working on Sundays will go into effect on January 1, 2019. The holiday premium pay requirements for partially restricted holidays will be phased out between now and 2023. In some situations, particularly where employers are permitted to employ their employees on Sundays and/or holidays, employers Massachusetts law prohibits retail employers with more than 7 employees from requiring employees to workIndependence Day, Veterans Day before 1 pm, Christmas Day (or the following day if falls on Sunday), Memorial Day, Labor Day, Columbus Day before 12 pm, and Thanksgiving Day. Are class action waivers signed by Postmates drivers enforceable? These laws are enforced by the Attorney General's Office. Massachusetts employers face additional blue law restrictions. On January 14, 2021, Massachusetts expanded the definition of wait staff employees covered by the Massachusetts Tips Act. Massachusetts law prohibits retail employers with more than 7 employees from requiring employees to work Sundays. Statements on this website are also not intended to create any promises of results. The obligation to pay a premium for work performed on Memorial Day, Juneteenth Independence Day, Independence, Day, Labor Day, Thanksgiving Day, and Christmas Day only applies to businesses with more than seven employees and does not apply to bona fide executive or administrative or professional persons earning more than two hundred dollars a week. We use cookies to give you the best possible experience on our website. Assuming you are entitled holiday pay (see above), your employer must pay you 1.5 times your regular rate for work performed on New Years Day, Columbus Day, and Veterans Day. Holiday Pay Boston Massachusetts Holiday Pay and Overtime Attorney in Boston, Massachusetts. The Massachusetts Minimum Fair Wage Law does not require employers to pay a premium for weekend, holiday, or night work. Under the FLSA, employers are not required to offer paid holidays to non-exempt employees. How do Blue Laws The Sunday pay requirement will be phased out entirely on January 1, 2023. On federally recognized holidays, federal and state offices are closed. 3. If, however, the company personnel policy identifies specific days as company holidays and provides premium pay for working on a holiday or provides the day off with pay, all employees must be treated in To avoid such problems, employers should generally pay exempt employees their regular salary for the workweek in which the employee performs any work, regardless of the business decision to close for a holiday. Massachusetts employee rights do not distinguish between part-time or full-time Employees at those agencies are paid for those holidays. For certain holidays, it requires an employer to pay a premium rate of pay and prohibits employers from requiring employees to work on that day. The laws in Massachusetts governing work on Sundays and holidays, commonly referred to as the "Blue Laws," are complex. Currently, Massachusetts retailers must provide premium pay of 1.5 times the regular hourly rate to non-exempt employees who work on Sundays or certain holidays designated by state law. Massachusetts law also prohibits these employers from disciplining employees because they refuse to work Sundays. Your email address will not be published. For Memorial Day, Juneteenth Independence Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, your employer must pay you 1.3 times your regular rate during 2020, 1.2 times your regular rate during 2021, and 1.1 times your regular rate during 2022. As of January 1, 2021, the Massachusetts minimum wage increased and changes to Sunday and holiday pay requirements took effect. However, these existing rules still impose significant burdens on businesses that may include: closure, premium pay, and voluntariness of work requirements on December 26 On January 1, 2021, premium pay for these holidays will drop to 1.2 times the normal hourly rate. Unrestricted holidays work may be performed without a permit, and premium pay and voluntariness of employment requirements do not apply (with the exception of alcohol sales): Martin Luther King The holiday pay requirement for those holidays will be phased out entirely on January 1, 2023. Do employers have to pay for travel time? On February 2, 2021, Steffans Legal filed a wage and hour class action in Middlesex County Superior Court on behalf of current and former Massachusetts employees of Mitchell Gold + Bob Williams. The Fair Labor Standards Act (FLSA) requires an employer to pay its employees only SPECIAL RULES FOR RETAIL EMPLOYERS Premium pay requirement. Do employers have to reimburse employees for uniforms? In some circumstances, those laws require Massachusetts employers to pay certain Massachusetts employees extra, sometimes as much as time-and-a-half, for hours worked on certain holidays or Sundays. Holidays on which work can be performed only with a permit from the local police (If the permit is acquired an employee can be required to work and is only entitled to regular pay unless standard overtime or Sunday Blue Laws apply): Christmas; Labor Day; Thanksgiving; Columbus Day before 12:00 noon; Memorial Day; Veterans Day before 1:00 p.m. Do employers have to reimburse for mileage? The Massachusetts Blue Laws, however, do require some retailers that employ more than 7 people to pay premium pay (not less than one and one-half times their regular rate) for Sundays and certain holidays. Contact Steffans Legal today for a free consultation. Sorry, your blog cannot share posts by email. If an employer makes a deduction to an exempt employees salary for an absence caused by the employer or by the operating requirements of the business, including an absence caused by the business closure on the holiday, the employee will not be considered to be paid on a salary basis, and may lose his or her exempt status.
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