Transcript Workers` Rights Under Massachusetts Wage and Hour Laws

Massachusetts
Wage and Hour
and Child Labor Laws
Barbara Dillon DeSouza, Assistant Attorney General
Office of Massachusetts Attorney General Martha Coakley
Fair Labor Division
©2012 Office of Massachusetts Attorney General Martha Coakley
Wage and Hour Laws:
An Overview
Set minimum standards for when, how, and how much employees
must be paid:
 Meal Breaks
 Minimum Wage
 Blue laws
 Overtime
 Youth Employment
 Termination Pay
Also contain documentation requirements:
 Payroll Records
 Deductions
 Etc.
©2012 Office of Massachusetts Attorney General Martha Coakley
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 Pay
M.G.L. c. 149, § 148

Employee fired, terminated or laid off:
•

Employee quits or resigns:
•

Paid in full on last day of work
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 Wage
M.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
Tip Pooling
M.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
© 2012 Office of Massachusetts Attorney General Martha Coakley
State Overtime
M.G.L. c. 151, § 1A
For most hourly and
salaried employees:
Unless an exception
applies, for example:
If work more than 40
hours a week,

then paid 1.5 times
regular hourly rate…




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 Break
M.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
Deductions
M.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 Records
M.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 Rest
M.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 Pay
M.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-retaliation
M.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 Sue
M.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
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 about
Prohibited 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/laborstandards/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
©2012 Office of Massachusetts Attorney General Martha Coakley
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
Workers’ Compensation
(800) 323-3249 x470
www.mass.gov/dia
Department of Labor
Standards
(617) 626-6975
www.mass.gov/lwd/laborstandards/dls/
Wage & Hour Division,
U.S. Dept. of Labor
(617) 624-6700
www.usdol.gov
OSHA
(617) 565-9860
www.osha.gov
© 2012 Office of Massachusetts Attorney General Martha Coakley