©2012 Office of Massachusetts Attorney General Martha Coakley

Massachusetts Wage and Hour

and Child Labor Laws

Barbara Dillon DeSouza, Assistant Attorney General

Office of Massachusetts Attorney General Martha Coakley Fair Labor Division

Wage and Hour Laws: An Overview

Set minimum standards for when, how, and how much employees must be paid:

Minimum Wage Overtime Termination Pay

Also contain documentation requirements: Payroll Records Deductions Etc.

©2012 Office of Massachusetts Attorney General Martha Coakley

Meal Breaks Blue laws Youth Employment

Attorney General’s Goals

1. Fairness to Workers

2. Fairness to Businesses

3. Protecting Revenue

© 2012 Office of Massachusetts Attorney General Martha Coakley

Attorney General’s Role

Investigation of Wage Complaints • Hotline calls

(617) 727-3465• Written complaints• Competitors• Anonymous• Unions and advocacy groups

Enforcement of Laws• Civil Citation• Criminal Prosecutions• Other

Outreach and Education

© 2012 Office of Massachusetts Attorney General Martha Coakley

Independent Contractor Law M.G.L. c 149, § 148B

Presumption: employee

Test: (3 parts)◦ Free of direction and control, ◦ Outside usual business, and◦ Independent business

Misclassification : ◦ Workers lose public benefits◦ State loses revenue ◦ Competitive disadvantage for businesses

© 2012 Office of Massachusetts Attorney General Martha Coakley

The Wage Act M.G.L. c. 149, § 148

Holiday, vacation, commission payments

Employees must be paid within six days of the

end of the pay period

Pay period must be every week or every two

weeks for hourly employees

© 2012 Office of Massachusetts Attorney General Martha Coakley

Termination PayM.G.L. c. 149, § 148

Employee fired, terminated or laid off: • Paid in full on last day of work

Employee quits or resigns: • Paid in full on next regular pay day

Wages include any earned vacation [not sick

time]

© 2012 Office of Massachusetts Attorney General Martha Coakley

Minimum WageM.G.L. c. 151, §§ 1 & 2

In Massachusetts: $8.00 per hour

Federal: $7.25

Other States: • Washington: $9.19• Oregon: $8.95• Connecticut, D.C., Illinois, Nevada: $8.25• Georgia, Wyoming: $5.15

© 2012 Office of Massachusetts Attorney General Martha Coakley

Restaurant and Service Employees

The service rate for “tipped employees” is $2.63 per hour

$8/hour minimum wage still applies: Pay + Tips must = $8.00 per hour

Employer makes up difference

Employer’s responsibility to document earnings

© 2012 Office of Massachusetts Attorney General Martha Coakley

© 2012 Office of Massachusetts Attorney General Martha Coakley

Tip PoolingM.G.L. c. 149, §152A

Tip pooling only if:• Wait staff, service staff, or bartender

Managers and owners may not share or otherwise take a “cut”

“Service Charge” must be given to employees

State OvertimeM.G.L. c. 151, § 1A

For most hourly and salaried employees:

If work more than 40 hours a week,

then paid 1.5 times regular hourly rate…

Unless an exception applies, for example:

Restaurants Hotels Hospital or nursing

homes Gas stations Drivers/helpers on truck

© 2012 Office of Massachusetts Attorney General Martha Coakley

Working Time

All time required to be on employer’s property, or on duty, or at a specific work site

Work before and after the normal shift

Meal break: no duties and allowed to leave work site

© 2012 Office of Massachusetts Attorney General Martha Coakley

Meal BreakM.G.L. c. 149, §§ 100 &101

30-minute break if more than 6 hours of work

Must be free to leave the workplace and free of responsibilities

Employee can give up the meal break voluntarily, but must be paid for time worked

© 2012 Office of Massachusetts Attorney General Martha Coakley

Travel Time

Usually, travel between home and work is not paid

Travel time during a work day must be paid

Report to a different site:• Paid all excess travel time and associated

expenses

© 2012 Office of Massachusetts Attorney General Martha Coakley

Reporting pay

When an employee:• Is scheduled to work at least 3 hours,• Reports to work on time, and• Is not provided with the expected hours of

work

The employee must be paid for at least 3 hours at no less than the minimum wage (but at regular rate for hours actually worked)

© 2012 Office of Massachusetts Attorney General Martha Coakley

DeductionsM.G.L. c. 149, § 150

Required by Law – taxes, Social Security,

court-ordered deductions

For Employee Benefit and Employee

Authorized – health insurance, pension,

savings plan

Below Minimum Wage Deductions

Restricted – lodging, meals

© 2012 Office of Massachusetts Attorney General Martha Coakley

Lateness Deduction

Employers may only deduct the amount that

would have been paid during the time the

employee was late

© 2012 Office of Massachusetts Attorney General Martha Coakley

Documentation with Pay

Employer must give a pay slip or paystub

showing: • Employer's name• Employee's name• Date, number of hours worked• Hourly rate of pay• Amounts of deductions or increases made

for the pay period

© 2012 Office of Massachusetts Attorney General Martha Coakley

© 2012 Office of Massachusetts Attorney General Martha Coakley

Payroll RecordsM.G.L. c. 151, § 15

Right to inspect their payroll records at

reasonable times and places

Records must be kept for 2 years

© 2012 Office of Massachusetts Attorney General Martha Coakley

Day of RestM.G.L. c. 149, §§48-50

Most employers must allow a day of rest after

6 consecutive days of work

Day of rest = 24 consecutive hours to include

an unbroken 8am-5pm period

© 2012 Office of Massachusetts Attorney General Martha Coakley

Blue Laws/Premium PayM.G.L. c. 136, §§ 6(50), 13 &16

Restrictions on business openings on

Sundays and holidays (retail/non-retail):

MA Dept. of Labor Standards:

www.mass.gov/, (617) 624-6952

© 2012 Office of Massachusetts Attorney General Martha Coakley

Anti-retaliationM.G.L. c. 149, § 148A, M.G.L. c. 151, § 19

Employer may not punish for:• Complaining about wage and hour

violations• Helping with an investigation

© 2012 Office of Massachusetts Attorney General Martha Coakley

Right to SueM.G.L. c. 149, § 150

Employee may sue to obtain owed wages

If win in court, can receive three times the

wages owed and cost of attorney fees

© 2012 Office of Massachusetts Attorney General Martha Coakley

©2012 Office of Massachusetts Attorney General Martha Coakley

Child Labor Laws: An Overview

Set minimum age for employment (14)

Restrict:• The hours that minors may work• The jobs and tasks that minors may perform

Set documentation requirements: • Work permits• Work schedules

©2012 Office of Massachusetts Attorney General Martha Coakley

Prohibited Jobs/Tasks

Laws are in place to protect teens 14-17 from working in dangerous jobs

Combination of state and federal laws – most protective laws apply

Breakdown:• For teens under 16 years old• For teens under 18 years old

©2012 Office of Massachusetts Attorney General Martha Coakley

Prohibited Jobs/Tasks: Prohibited activities include:

Under 18 years:• Driving a vehicle or forklift• Operating, cleaning or repairing power-driven food/meat

grinders, slicers or choppers• Handling, serving or selling alcoholic beverages• Using firearms

Under 16 years:• Performing any baking activities• Operating fryolators, rotisseries, NEICO broilers, or pressure

cookers• Operate power driven machinery (lawn mower/snow blower)• Work in construction; work in warehouse

©2012 Office of Massachusetts Attorney General Martha Coakley

More information aboutProhibited Jobs/Tasks

The Massachusetts Guide for Working Teens

Child Labor Laws in MA poster M.G.L. ch.149, §§ 56 -105 for a list of restrictions

©2012 Office of Massachusetts Attorney General Martha Coakley

Allowable and Maximum Hours: 14 and 15 year olds

The time of day and number of hours a minor is permitted to work depends on whether or not school is in session

During the summer (July 1-Labor Day):

only between 7 a.m. & 9 p.m.

During the school year:

only between 7 a.m. & 7 p.m. (not during school hours)

See Child Labor Laws poster and M.G.L. ch. 149, §§ 56 -105 for restrictions

©2012 Office of Massachusetts Attorney General Martha Coakley

Allowable and Maximum Hours: 16 and 17 year olds

The time of day a minor is permitted to work depends on whether the work is performed on a day or night preceding a regularly scheduled school day

The maximum number of hours is also regulated

See Child Labor Laws poster and M.G.L. ch. 149, §§ 56 -105 for a list of restrictions.

©2012 Office of Massachusetts Attorney General Martha Coakley

Work Permits

A single application and permit process for all workers aged 14-17

ALL teens under 18 must:• Complete a work permit application• Obtain a work permit before starting a

new job

Employers must keep permits on file

©2012 Office of Massachusetts Attorney General Martha Coakley

Work Permits

Permits are distributed by superintendents. Applications are available on the Department of Labor Standards website:

http://www.mass.gov/lwd/labor-standards/dls/youth-employment/

Permits can be filled out by Superintendent (or designee) in the town where the teen either resides OR goes to school

©2012 Office of Massachusetts Attorney General Martha Coakley

Schedule Posting Requirements

Employer must post:• # of hours minor is required/permitted to

work on each day;• The total hours for the week;• The hours commencing and stopping work;• The hours when the time allowed for meals

begins and ends for each day

©2012 Office of Massachusetts Attorney General Martha Coakley

Schedule changes

Minor cannot work any time that is not posted on the schedule

Schedule cannot change after the beginning of work on the first day of work week

Supervision

After 8pm, all minors must be directly supervised by an adult who is located in the workplace and who is accessible

©2012 Office of Massachusetts Attorney General Martha Coakley

Resources

AGO Fair Labor Division Hotline:(617) 727-3465

www.mass.gov/ago

© 2012 Office of Massachusetts Attorney General Martha Coakley

Workers’ Compensation(800) 323-3249 x470

www.mass.gov/dia

Department of Labor Standards

(617) 626-6975www.mass.gov/lwd/labor-standards/dls/

Wage & Hour Division, U.S. Dept. of Labor

(617) 624-6700www.usdol.gov

OSHA(617) 565-9860www.osha.gov