At Will Employment
Massachusetts follows the employment-at-will doctrine, meaning employers may terminate employees at any time and for any reason, as long as the reason is not illegal. However, there are important exceptions. Courts may recognize an implied contract based on written policies, oral promises, or established workplace procedures that an employee relied upon. To help avoid unintended contractual obligations, employers should include a clear and conspicuous disclaimer in their employee handbooks. Additionally, courts may find a violation of the covenant of good faith and fair dealing if an employee is terminated in a manner that contravenes public policy.
For comprehensive training on maintaining at-will employment, visit EmployerESource and explore our training webinars. These resources offer valuable information for business owners and managers seeking to stay informed and compliant.
For any questions about at-will employment and how to preserve this relationship, please contact EmployerESource. We’re here to provide expert guidance and support.
Ban the Box
Under Massachusetts law, employers are prohibited from asking about or using certain types of criminal history information when making employment decisions. Specifically, employers may not request, record, or consider information about:
1. Arrests or detentions that did not result in a conviction,
2. A first conviction for minor misdemeanors such as drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace,
3. Misdemeanor convictions that are more than three years old, unless the applicant has been convicted again within the past three years,
4. Any sealed or expunged criminal record under Chapter 276.
Additionally, an employer may not include any questions about criminal history on its initial written job application, except in limited cases where federal or state laws require disqualification based on certain convictions. Importantly, applicants are not required to disclose criminal history that they are legally entitled to withhold, and cannot be penalized (e.g., for perjury) for omitting it.
Employers must ensure compliance with these restrictions to avoid unlawful discrimination in hiring or employment practices. Violations may lead to legal liability and enforcement action. For help updating your hiring practices or employee application forms, download a compliant employee handbook or reach out to EmployerESource for expert HR support.
Blue Law
The Massachusetts Blue Laws regulate when certain businesses can legally operate on Sundays and legal holidays, ensuring fair employment practices for workers. These laws set guidelines for retail and non-retail businesses, as well as specific industries like factories, mills, and those selling alcoholic beverages.
Key Highlights:
· Exemptions for Sunday & Holiday Operations: Many businesses, such as restaurants, pharmacies, and hotels, are permitted to operate on Sundays and legal holidays under the Massachusetts Blue Laws. If your business is one of the 55 exemptions, you can operate on these days with few restrictions.
· Voluntary Employment Provisions: Retailers must adhere to rules about the voluntariness of employment for their employees who work on Sundays and holidays.
· Alcoholic Beverage Sales: The Alcoholic Beverages Control Commission strictly regulates when businesses can sell alcohol.
· Premium Pay Update: Effective January 1, 2023, the requirement to pay premium wages on Sundays and holidays was eliminated. However, retail employers are still required to pay 1.5 times the normal hourly rate for hours worked beyond 40 hours per week, including those on Sundays or holidays.
Understanding these laws can be complicated, and ensuring compliance is crucial for your business. Whether you're unsure about your business's eligibility to operate on certain days or need clarification on premium pay, EmployerResource is here to help.
Customized Employee Handbooks: We offer tailor-made employee handbooks that comply with both state and federal laws, ensuring your business meets all legal requirements. A customized handbook will help you stay compliant, minimize legal risks, and foster a transparent, positive work environment.
If you have any questions or need assistance with compliance or any part of the Massachusetts Blue Laws, contact EmployerResource today. Our team of experts is ready to guide you through the complexities of employee management and legal requirements.
Break/Meal Period
Under Massachusetts General Laws employees must receive a 30-minute meal break if they work more than six hours in a calendar day. This break must be unpaid and uninterrupted.
According to this law does not apply to industries such as:
· Iron works
· Glass works
· Paper mills
· Print and dye works
Additionally, the Attorney General may approve exemptions for other factories or mechanical establishments where continuous operation or collective bargaining agreements justify it—but only if the exemption won't harm workers.
It only takes one missed meal break to spark a legal issue. Avoid fines and ensure clarity across your workforce by partnering with EmployerResource.
Let your handbook do the heavy lifting—and protect your business from costly mistakes.
Deductions in wages
The Massachusetts Supreme Judicial Court, in Camara v. Attorney General, held that employers may not deduct wages for employee-caused damages (like vehicle accidents) based solely on internal fault assessments — even with the employee’s written agreement. Such deductions are considered unlawful “special contracts” under the Massachusetts Wage Act and are not valid “set-offs” unless a clear and established debt exists, as determined through independent, unbiased processes (e.g., court judgment or fair arbitration).
Key Takeaways:
· Employer policies allowing wage deductions for fault-based incidents violate state law, even if employees “agree” to them.
· An employer cannot act as judge and jury to determine fault and deduct pay — this violates the Wage Act’s protection of earned wages.
· Deductions are only valid if they result from:
o A court order
o A clear and established debt
o A lawful set-off established through fair and independent means
To ensure compliance and proper documentation, contact EmployerESource to purchase a payroll deduction form and get expert guidance on payroll regulations. Have questions about payroll deductions? Reach out to EmployerESource today!
Employees Records Access
Massachusetts law requires employers with 20 or more employees to maintain a complete and accurate personnel record for each employee, including items such as job title, rate of pay, performance evaluations, disciplinary actions, and termination notices.
Employers must notify employees within 10 days when any information is added to their file that could negatively impact employment, promotion, compensation, or lead to disciplinary action.
Employees have the right to review their personnel records up to two times per calendar year (not including reviews triggered by the addition of negative information) and must be given access and/or copies within five business days of a written request. If an employee disagrees with information in their record, they can request a correction or submit a written statement of disagreement, which must be included in the record and shared if the record is sent to a third party.
To stay compliant, employers are encouraged to download a customizable employee handbook or contact EmployerESource for expert HR support.
Final Wages
Under Massachusetts law employees who leave their job voluntarily must be paid on the next regular payday, or the following Saturday if there is no designated payday.
Those who are discharged must be paid in full on the day of discharge.
To stay compliant, employers are encouraged to download a customizable employee handbook or contact EmployerESource for expert HR support.
Garnishments of Pay
Under Massachusetts law, when an income withholding order is issued—typically for child support or similar obligations—employers are permitted to deduct up to $1 per pay period from an employee’s wages to cover administrative costs.
Employers are prohibited from disciplining, suspending, discharging, or refusing to hire someone due to an income withholding order or its obligations.
To avoid risk and stay compliant, employers should ensure that their HR and payroll practices align with these regulations.
To stay compliant, employers are encouraged to download a customizable employee handbook or contact EmployerESource for expert HR support.
Holiday Pay
Massachusetts’ Common Day of Rest Law and legal holiday statutes impose strict rules on what businesses can operate on Sundays and holidays—and how. Certain activities require special permits, and many exemptions still prohibit compelling employees to work, protecting them from discrimination or penalties for refusing Sunday or holiday shifts.
Violating these laws can result in fines, legal injunctions, and civil liability, with fines ranging from $20 to $2,000 per violation, depending on the offense.
Don’t navigate these complex laws alone. Equip your business with the tools you need to operate confidently and legally—get your EmployerESource Employee Handbook today.
Jury Duty
Massachusetts law requires employers to pay regularly employed jurors—including part-time and temporary staff—their regular wages for the first three days of jury service. Failure to comply can lead to criminal penalties, civil lawsuits, and financial liability, including treble damages and attorney’s fees.
The law also prohibits retaliation, such as firing, penalizing, or harassing employees for fulfilling their civic duty. Courts may excuse employers from payment only if extreme financial hardship is proven, and even then, the state will compensate the juror up to $50/day.
Simplify compliance and avoid costly penalties by implementing a legally sound Jury Duty Leave Policy—included in every EmployerESource Employee Handbook.
Maternity Leave Act
Under the Massachusetts Maternity Leave Act (MMLA), employers with six or more employees must provide eligible female employees with up to eight weeks of unpaid maternity leave for childbirth, adoption, or to care for a newborn or newly adopted child. Compliance with these requirements is not optional—even if providing leave presents a hardship.
Who Is Eligible?
A female employee is eligible for MMLA leave if:
· She has completed her initial probationary period (not to exceed six months), or has been employed full-time for at least three consecutive months;
· She provides at least two weeks’ notice of her anticipated departure and intention to return;
· Her leave is for childbirth, or for the adoption of a child under 18 (or under 23 if the child has a mental or physical disability).
Key Employer Obligations
· Leave Duration: Up to eight weeks of unpaid leave per childbirth or qualifying adoption.
· Job Protection: Employees must be reinstated to the same or similar position with no loss of seniority, status, or benefits.
· Notice Posting: Employers must post a notice in a visible workplace location stating employees' rights under the MMLA.
· Accrued Time: Employers cannot require employees to use accrued vacation, personal, or sick time during MMLA leave. However, employees may choose to use accrued vacation or sick time (in accordance with a companies sick leave policy).
· Designation of Leave: MMLA leave is automatically triggered if the leave meets the qualifying criteria, regardless of whether the employer labels it as such.
MMLA vs. FMLA
· MMLA provides 8 weeks per event (e.g., birth or adoption).
· FMLA allows for up to 12 weeks in a 12-month period, but only once annually, and requires written designation by the employer.
· Employees may qualify for both MMLA and FMLA, which may overlap or extend total leave depending on circumstances.
While the MMLA applies specifically to female employees, employers must ensure they do not discriminate by offering leave only to women. Providing leave beyond eight weeks solely to women, without offering similar benefits to male employees, may constitute sex discrimination under state and federal law. According to the EEOC, paternity leave must be made available on equal terms.
If an employee is disabled at the end of her maternity leave, additional unpaid leave may be required as a reasonable accommodation under Massachusetts disability laws.
Stay up-to-date and consider having your HR team download or create an employee handbook outlining these rights and obligations. Clear documentation protects your business.
Overtime
Massachusetts law requires overtime pay for hours worked beyond 40 in a single workweek. Employees in a non-exempt role, employer’s must compensate employees at a rate of one and one-half times their regular hourly wage for every hour worked over 40. When calculating regular and overtime rate, certain types of compensation such as commissions, bonuses, drawing accounts, and other incentive-based pay are excluded.
There are also special provisions for employees working in retail. If employees work on a Sunday or certain holidays and are paid at a rate of one and one-half times their usual wage, those hours may not count toward overtime calculations.
Not all workers are covered under this section. Exemptions include residential janitors who are provided housing and earn at least $30 per week, golf caddies, child actors, newsboys, and bona fide executives or administrative professionals making more than $80 per week. Other exempt roles include outside salespeople, apprentices working under a special license, certain truck drivers regulated federally, and seasonal employees working 120 days or fewer annually. Additional exemptions include those working in restaurants, gas stations, hotels, hospitals, nonprofit schools or summer camps, amusement parks (operating under 150 days per year), and those engaged in farming or fishing.
To stay compliant, ensure that your HR or payroll departments are fully informed about who qualifies for overtime and how it must be calculated. Misclassification of employees or incorrect pay rates can lead to costly penalties and back pay obligations.
For comprehensive guidance, you can download a Massachusetts and federal law-specific employee handbook.
Paid Family and Medical Leave
The Massachusetts Paid Family and Medical Leave (PFML) law provides eligible employees with job-protected, paid leave for specific family and medical reasons. This applies to all employers and certain covered business entities that rely on self-employed individuals for more than 50% of their workforce (reported via IRS Form 1099-MISC).
A covered individual includes employees who meet financial eligibility requirements or self-employed individuals who have opted into the PFML program. For employers, any employee who works in Massachusetts and contributes to the PFML fund is generally covered.
Family Leave (Up to 12 Weeks/Year; 26 Weeks to Care for a Servicemember) Available for:
· Bonding with a new child within 12 months of birth, adoption, or foster placement
· Caring for a family member who is a covered servicemember
· Managing needs arising from a family member’s active duty or impending military service
Medical Leave (Up to 20 Weeks/Year)
Available when an employee has a serious health condition that prevents them from performing their job.
The maximum combined leave (family + medical) allowed in a benefit year is 26 weeks.
Intermittent or Reduced Leave
· Leave to bond with a child can only be taken intermittently with employer approval.
· Leave for medical needs or military-related reasons may be taken intermittently or on a reduced schedule when medically necessary.
· Time taken intermittently counts only against the leave actually used—not against the total entitlement.
Job Protection & Employment Benefits
Employees who return from PFML must be reinstated to their same or equivalent position, with:
· Same status, pay, benefits, seniority, and length-of-service credit
· Continued health insurance coverage during leave, under the same terms as if they were actively working
Taking leave cannot affect accrual of vacation time, bonuses, promotions, or other benefits.
Payment Coordination
Employers may require PFML payments to be coordinated with other employer-paid benefits (e.g., short-term disability, paid parental leave), as long as the employee receives the greater of the benefits. Any such policy must be communicated in writing to employees.
Leave paid under an employer’s own policy counts against PFML entitlements if used for a covered reason and paid at the same or higher rate.
Notice Requirements
From Employers to Employees:
Employers must provide written notice of PFML rights and benefits. If this notice is not provided, the employee’s obligation to give advance notice may be waived.
From Employees to Employers:
Employees must give at least 30 days’ notice of their intent to take leave (start date, length, and return date). If the delay is outside their control, notice should be given as soon as practicable.
There is a 7-day unpaid waiting period before PFML benefits begin. Employees may choose to use accrued vacation, sick, or personal time during this period.
Interaction with Other Leave Laws
PFML runs concurrently with:
· Massachusetts Maternity Leave Act (MMLA) leave under Chapter 149, Section 105D
· Federal FMLA leave, if applicable
Don’t navigate these complex laws alone. Equip your business with the tools you need to operate confidently and legally—get your EmployerESource Employee Handbook today.
Salary History
Under the Massachusetts Pay Equity Act, employers are prohibited from seeking a job applicant’s wage or salary history from the applicant themselves or from current or former employers prior to making a job offer with compensation terms. Employers also may not require that an applicant’s past compensation meet specific criteria for hiring. However, if an applicant voluntarily discloses their salary history, the employer may confirm it or allow the applicant to do so. Additionally, salary history may be verified after an offer with negotiated compensation has been extended.
For a customized employment application or to download an employee handbook with state-specific policies, contact EmployerESource today!
Sick Leave
Massachusetts law requires employers to provide earned sick time to eligible employees so they can care for themselves or their loved ones. Here’s what every employer should know:
Employees may use earned sick time to:
Care for themselves or a family member with a physical or mental illness, injury, or medical condition.
Attend routine medical appointments for themselves or family.
Address domestic violence-related needs.
Travel to and from related medical services.
All employees—full-time, part-time, seasonal, and temporary—are eligible if their primary place of work is in Massachusetts.
Even if they don’t spend most of their time in the state, they're still covered if MA is their primary work location.
1 hour of earned sick time for every 30 hours worked (including overtime), up to 40 hours per benefit year.
Accrual is only based on hours actually worked—not paid time off.
Employees can roll over up to 40 unused hours each year.
Accrual may pause once the employee reaches a full 40-hour bank until time is used.
Employees can begin using time 90 days after starting work.
Sick time must be used in at least one-hour increments.
Employers must allow unpaid, job-protected leave if the employee hasn’t accrued enough time.
Misuse of sick time may result in disciplinary action—but only if clearly documented and verified.
Understanding the ins and outs of state-specific employment laws like Earned Sick Time can be tricky—but compliance isn’t optional. Let EmployerResource take the guesswork out of it.
We offer state- and federally-compliant customized employee handbooks designed to protect your business, clearly define policies, and ensure your team knows their rights and responsibilities.
Have questions about Earned Sick Time or other Massachusetts employment laws? Contact EmployerResource today.
Let us help you build a stronger, compliant workplace—one handbook at a time.
Small Necessities Leave
In addition to the federal Family and Medical Leave Act (FMLA), Massachusetts law provides eligible employees with up to 24 hours of additional leave in a 12-month period. This leave can be used to participate in school activities related to a child’s education (such as parent-teacher conferences), accompany a child to routine medical or dental appointments, or assist an elderly relative (age 60 or older) with routine medical, dental, or professional care appointments. Employees may take this leave intermittently and may elect—or employers may require—the substitution of accrued paid leave (like vacation or personal time). Employees must give at least seven days' notice when the need for leave is foreseeable; if not foreseeable, notice must be given as soon as practicable. Employers may request documentation to support the leave. Compliance is mandatory, and violations may result in legal action and penalties.
Make compliance easy! Download a customized Employee Handbook that includes all required state and federal leave policies, or contact EmployerESource today for expert HR support and answers to your questions. Stay protected—visit EmployerESource now!
Vacation Leave
Under Massachusetts law vacation pay is considered wages. If an employer offers paid vacation, it must be treated like any other earned compensation. When an employee leaves their job—whether by resignation or termination—they must be paid for any earned, unused vacation time. Employers cannot require continuous employment as a condition to receive earned vacation or otherwise force forfeiture of earned vacation through policies like requiring notice to quit. Employers may establish clear accrual caps (such as “use it or lose it” policies), provided they give employees proper notice and a reasonable chance to use their time. Policies should also specify accrual rates clearly, such as per month, to avoid ambiguity and ensure compliance. Additionally, if employers offer combined leave (like PTO), they must specify how much is designated as vacation to protect themselves against wage complaints. Any changes to a vacation policy must apply prospectively, not retroactively.
Stay compliant and protect your business! Download a customized Employee Handbook tailored to Massachusetts state and federal law—or contact EmployerESource for expert HR support and answers to your questions today. Visit [EmployerESource] to learn more!
Victim Leave Law
Under Massachusetts law requires employers with 50 or more employees to provide up to 15 days of leave within a 12-month period for employees who are victims of abusive behavior—or whose family members are victims.
"Abusive behavior" includes domestic violence, stalking, sexual assault, kidnapping, and related acts of harm. Employees may use this leave to seek medical attention, counseling, victim services, legal assistance, secure housing, obtain protective orders, meet with law enforcement, or attend court proceedings, as long as they are not the perpetrator.
Employers have the discretion to decide whether this leave is paid or unpaid. Employees must provide advance notice when possible, except in cases where health or safety is at imminent risk.
Stay compliant! Download a customized Employee Handbook tailored to Massachusetts state law and federal law, or contact EmployerESource today for expert HR support and questions. Protect your business and support your team—visit EmployerESource now!
Voting Leave
Under Massachusetts law employers in manufacturing, mechanical, or mercantile establishments are legally required to grant up to two hours off to any employee eligible to vote—if requested—during the period after the polls open.
Make compliance simple with an up-to-date Employee Handbook from EmployerESource. Our handbook includes clear, legally sound policies—like voting leave—so your business stays protected and your employees know their rights.