Massachusetts Labor Guidance
Free plain-English summaries of opinion letters, administrative policies, and interpretive notices from Massachusetts's labor agency, with the current status and the official source on every page.
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State employees' overtime is governed by c. 149, not the minimum wage law
A state agency asked which statute governs overtime for its employees, what the statute of limitations is on a state employee's overtime claim, and whether the agency would face attorney's-fee and tri…
Overtime for mixed prevailing-wage/private jobs uses a full-week weighted average
An employer asked DLS to recalculate how overtime pay is figured for employees who work both prevailing-wage and non-prevailing-wage jobs for the same employer in a single week. DLS announced this let…
Case managers at an alcohol/drug treatment center likely aren't exempt professionals
An alcohol/drug treatment center asked whether its case managers are exempt "professionals" under the minimum wage law, and separately whether the facility qualifies for the sanitorium overtime exempt…
Northeastern co-op students are exempt as trainees, not covered employees
An employer providing physical therapy services asked whether students it employed through Northeastern University's Cooperative Education Program are covered employees or exempt trainees. DLS conclud…
Extra travel time to a reassigned work site is compensable, any length of assignment
An employer asked about two scenarios where hourly employees normally assigned to one office are required to report instead to a different office, sometimes exceeding their normal commute. DLS confirm…
Employers may agree to regular part-time shifts under three hours, paid hour-for-hour
A vocational agency serving clients with traumatic brain injuries, some of whom can work only two hours a day, asked whether the regulation requiring at least three hours' pay whenever an employee rep…
Employers can't require unpaid on-premises meal breaks, even if duty-free
An employer association asked the Attorney General's Office to reconsider its position and allow employers to require unpaid, duty-free meal breaks taken on the company premises. The AG's Office decli…
Vacation pay is wages: accrual caps, use-it-or-lose-it, and payout on separation
This Advisory from the Attorney General's Fair Labor Division explains that once an employer chooses to offer paid vacation, Massachusetts law treats it as wages: it vests as it is earned and must be …
24 hours of extra unpaid leave for school activities and elder/child medical appointments
This Advisory from the Attorney General's Fair Labor Division explains the "Small Necessities Leave Act," M.G.L. c. 149, s. 52D, which entitles eligible employees (those meeting the federal FMLA's 12-…
Tip pooling, service charges, and payroll-record changes under the 2004 Wage Act amendments
This Advisory from the Attorney General's Fair Labor Division explains "An Act Protecting the Wages and Tips of Certain Employees," signed into law June 10, 2004. It defines which workers (wait staff,…
The Massachusetts Independent Contractor Law's three-prong test, explained
This Advisory from the Attorney General's Fair Labor Division explains the three-prong "ABC" test under M.G.L. c. 149, s. 148B for classifying a worker as an independent contractor rather than an empl…
Domestic violence leave: the 15-day job-protected leave for victims and family members
This Advisory from the Attorney General's Fair Labor Division explains M.G.L. c. 149, s. 52E, which requires employers with 50 or more Massachusetts employees to permit an employee who is (or whose fa…
Recouping an inadvertent wage overpayment: when a wage deduction is and isn't allowed
This Advisory from the Attorney General's Fair Labor Division addresses when an employer may recover an inadvertent wage overpayment -- caused by a clerical or mathematical error -- through payroll de…
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These are official interpretive documents from Massachusetts's labor agency: opinion letters answering questions from employers and workers, administrative policies, and interpretive notices. They show how the agency applies wage-and-hour and workplace law to real situations, but they are guidance, not statutes or court decisions, and the agency can supersede or withdraw them. Every page above shows the document's current status, when that status was last verified, and a link to the official source.