In the dynamic landscape of employment law, it is crucial for both employers and employees to be well-versed in the specific regulations that govern the employer-employee relationship. In our last article, we focused on wage and hour laws on a federal level. However, Massachusetts, known for its rich history and diverse economy, has its own set of wage and hour laws that play a pivotal role in ensuring fair and just compensation practices. In fact, Massachusetts is known for being an employee-friendly state compared to other states, providing additional protections to workers than are available at the federal level. In this guide, we will delve into the key aspects of Massachusetts wage and hour laws to provide a clear understanding for businesses and workers alike.
Minimum Wage
One of the fundamental components of wage and hour laws is the minimum wage. As of 2024, Massachusetts has set its minimum wage at $15 per hour. It is imperative for employers to stay informed about any changes in minimum wage rates to comply with the law.
Overtime Pay
Massachusetts non-exempt employees who work more than 40 hours in a workweek are eligible for overtime pay. The overtime rate required by law is 1.5 times the regular hourly rate. Employers have the responsibility of accurately tracking employee hours and compensating accordingly to avoid legal repercussions.
Breaks and Meal Periods
Employees in Massachusetts are entitled to specific break and meal periods. Employers are required to provide a 30-minute meal break to employees who work more than six consecutive hours. During this break, employees must be allowed to leave the premises and cannot be required to work during the break.
Record-Keeping Requirements
Accurate record-keeping is a cornerstone of wage and hour compliance. Employers must maintain records of employee payment of wages, hourly rate,, hours worked, and other relevant information. This not only ensures compliance with Massachusetts law but also serves as a valuable resource in case of audits or disputes.
Independent Contractor Classification
Misclassifying employees as independent contractors can lead to legal complications. Massachusetts has specific criteria for determining whether a worker qualifies as an independent contractor. Employers must carefully assess the nature of the working relationship to avoid potential legal pitfalls.
Prevailing Wage Laws
For public construction projects, Massachusetts has prevailing wage laws that dictate minimum wage rates for different trades. Contractors and subcontractors involved in public works projects must adhere to these prevailing wage rates to maintain compliance.
Wage Payment Timing
Employers in Massachusetts are obligated to pay employees regularly and promptly. The timing and frequency of wage payments must adhere to state regulations to avoid penalties. The requirements for payment deadlines under Massachusetts law are very specific, and the penalties for late payment of wages are severe. Different deadlines apply for full time, part time, and recently terminated employees. Employers must comply with payment deadlines for hourly pay, salary pay, and incentive pay / commissions.
Know Your Rights
Familiarize yourself with federal and state wage and hour laws that pertain to your job. Understand your entitlements regarding minimum wage, overtime pay, and any other relevant regulations.
Keep Accurate Records
Maintain a record of your hours worked, wages earned, and any overtime hours, as well as a list of your job duties and any documentation surrounding payment, such as an offer letter, employment contract, or commission plan. This will help you verify that you are being paid correctly and provide evidence in case of disputes.
Report Violations
If you suspect that your employer is not complying with wage and hour laws, consider reporting it internally and/or to the appropriate state labor department or attorney general’s office or the U.S. Department of Labor. An attorney can help you understand the advantages and risks of reporting. It is illegal for employers to retaliate against you for enforcing your rights under wage and hour laws.
Consult Legal Counsel
Greene and Hafer can provide guidance, assess your situation, and help you pursue legal action if necessary. Located in Boston, Massachusetts, Greene and Hafer represents people who have experienced wage and hour violations. Our attorneys have extensive experience in handling wage and hour violation cases. To schedule an appointment with an experienced lawyer, contact our office.
