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Transcript of ©2012 Office of Massachusetts Attorney General Martha Coakley Massachusetts Wage and Hour and Child...
©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