Massachusetts Employment Law 2026
⚠️Informational only — not legal or tax advice.
Last Updated: January 14, 2026
Last Reviewed: January 14, 2026
Applicable Period: 2026
Jurisdiction: State of Massachusetts, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Employment Law Framework in Massachusetts
- Employee Rights in Massachusetts
- Discrimination Laws in Massachusetts
- Reasonable Accommodations
- Employer Obligations in Massachusetts
- Filing Complaints
- Remote Work in Massachusetts
- 2026 Updates and Recent Changes
- Resources
- Frequently Asked Questions
Introduction
Massachusetts employment law establishes comprehensive protections for employees and clear obligations for employers across the Commonwealth. This guide provides detailed information about employment legal requirements in Massachusetts for 2026, compiled from official government sources including Massachusetts General Laws, state agency regulations, and federal statutes.
Massachusetts employment law covers critical areas including minimum wage requirements, overtime compensation, meal and rest break requirements, workplace discrimination protections, reasonable accommodations, paid sick leave, and employer compliance obligations. The Commonwealth maintains some of the strongest employee protections in the United States, with requirements that often exceed federal minimum standards.
This guide serves both employees and employers: Workers can understand their legal rights and protections under Massachusetts law, while employers can learn their compliance obligations and requirements. Both state laws enacted by the Massachusetts Legislature and federal laws enforced in Massachusetts shape the employment relationship.
Primary sources for this guide include:
- Massachusetts General Laws (particularly Chapters 149, 150A, 151, and 151B)
- Massachusetts Code of Regulations (particularly 454 CMR)
- Massachusetts Attorney General’s Fair Labor Division guidance
- Massachusetts Commission Against Discrimination regulations
- Massachusetts Department of Labor Standards publications
- U.S. Department of Labor regulations and guidance
- Equal Employment Opportunity Commission regulations
2026 Updates: Massachusetts minimum wage remains at $15.00 per hour as established in 2023. The service rate for tipped employees remains at $6.75 per hour. Earned paid sick leave requirements continue under the 2015 law. No major statutory changes took effect January 1, 2026, though proposed legislation (Senate Bill S1349) would gradually increase minimum wage to $20.00 by 2029 if enacted.
Employment Law Framework in Massachusetts
1.1 At-Will Employment Doctrine in Massachusetts
Massachusetts follows the at-will employment doctrine, meaning employment relationships may generally be terminated by either party at any time for any lawful reason or no reason at all, with or without notice.
No specific Massachusetts statute codifies at-will employment. The doctrine exists as established common law principle in Massachusetts courts. However, Massachusetts courts have recognized significant exceptions to at-will employment that limit an employer’s ability to terminate employees.
What at-will employment means:
For employees: You may resign from your position at any time without providing advance notice or reason, unless your employment contract specifies otherwise. Your employer may also terminate your employment without advance notice or stated reason, subject to important exceptions listed below.
For employers: You may generally terminate employees without cause or advance notice, but you must comply with all exceptions to at-will employment. Unlawful terminations may result in significant liability even in an at-will employment relationship.
Exceptions to at-will employment in Massachusetts:
1. Statutory exceptions: Massachusetts and federal statutes prohibit termination based on protected characteristics or protected activities, including:
- Discrimination based on protected classes: Massachusetts General Laws Chapter 151B prohibits employment discrimination based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, age (40 and over), disability, military service, and other protected characteristics.
Source: Massachusetts General Laws Chapter 151B, Section 4
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section4
Enforced by: Massachusetts Commission Against Discrimination (MCAD)
- Retaliation protections: Massachusetts law prohibits termination in retaliation for filing wage complaints, reporting workplace safety violations, requesting reasonable accommodations, filing discrimination charges, or engaging in other legally protected activities.
Source: Massachusetts General Laws Chapter 149, Section 148A (wage complaints)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148A
- Wage payment protections: Employers cannot terminate employees in retaliation for asserting rights under Massachusetts wage and hour laws.
Source: Massachusetts General Laws Chapter 149, Section 150
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section150
2. Public policy exceptions: Massachusetts courts recognize termination violates public policy when it:
- Conflicts with explicit statutory provisions
- Undermines fundamental public policy concerns
- Punishes employees for refusing to violate laws or regulations
3. Implied contract exceptions: Employment contracts (written or implied through employer policies, employee handbooks, or oral representations) may modify at-will status and create contractual employment rights.
4. Implied covenant of good faith and fair dealing: Massachusetts courts recognize limited protections under an implied covenant requiring good faith and fair dealing in employment relationships, though this doctrine applies narrowly.
1.2 Labor Law vs Employment Law in Massachusetts
Massachusetts employment law and labor law serve different but related functions in regulating workplace relationships.
Employment Law (Primary Framework): Employment law governs the individual legal relationship between employers and individual employees. This includes:
- Minimum wage and overtime requirements (Massachusetts General Laws Chapter 151)
- Payment of wages (Massachusetts General Laws Chapter 149, Sections 148-150C)
- Workplace discrimination and harassment (Massachusetts General Laws Chapter 151B)
- Reasonable accommodations for disabilities and religion
- Workplace safety requirements
- Employee benefits and leave policies
- Individual employment contracts
Massachusetts employment law applies to virtually all employment relationships in the Commonwealth, whether or not employees belong to unions.
Labor Law (Subset Framework): Labor law specifically governs collective bargaining relationships between employers, employees, and labor unions. This includes:
- Union organizing and elections
- Collective bargaining processes
- Union representation rights
- Unfair labor practices by employers or unions
- Labor disputes and strikes
Source: Massachusetts General Laws Chapter 150A (Labor Relations)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter150A
Enforced by: Massachusetts Department of Labor Relations
When each framework applies:
Employment law applies to all employees in Massachusetts, including:
- Non-union employees in private sector
- Management and supervisory employees
- Independent contractors (for certain protections)
- Union-represented employees (in addition to labor law protections)
Labor law applies specifically to:
- Union-represented employees
- Employees engaged in organizing activities
- Employers with unionized workforces
- Parties to collective bargaining agreements
Massachusetts Right-to-Work Status:
Massachusetts is NOT a right-to-work state. This means:
- Employees covered by collective bargaining agreements may be required to pay union dues or agency fees as a condition of employment
- Union security clauses in collective bargaining agreements are enforceable
- Employers and unions may negotiate agreements requiring union membership or payment of fees
Source: Massachusetts courts have upheld union security provisions under Massachusetts General Laws Chapter 150A. No Massachusetts statute prohibits union security agreements.
Relationship between employment law and labor law:
Union-represented employees receive protections from both employment law and labor law. Where collective bargaining agreements provide greater protections than state employment law, the collective bargaining agreement terms typically govern. Where state employment law provides greater protections, those statutory minimum standards apply.
For example:
- A collective bargaining agreement might provide higher minimum wages than Massachusetts law requires, and those higher wages apply to union members
- Massachusetts discrimination laws apply to all employees, including union members, even if not specifically addressed in collective bargaining agreements
Employee Rights in Massachusetts
2.1 Wage and Hour Rights
Massachusetts provides extensive wage and hour protections for employees, establishing minimum wage, overtime requirements, and payment timing standards.
Minimum Wage Requirements
Current Massachusetts minimum wage (2026): $15.00 per hour
Effective date: January 1, 2023 (remains in effect through 2026)
According to Massachusetts General Laws Chapter 151, Section 1:
“A wage of less than $15.00 per hour, in any occupation, as defined in this chapter, shall conclusively be presumed to be oppressive and unreasonable, wherever the term ‘minimum wage’ is used in this chapter, unless the commissioner has expressly approved or shall expressly approve the establishment and payment of a lesser wage under the provisions of sections seven and nine.”
Source: Massachusetts General Laws Chapter 151, Section 1
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section1
Last amended: 2018 (establishing $15.00 minimum wage effective January 1, 2023)
Federal minimum wage: $7.25 per hour under the Fair Labor Standards Act (FLSA)
Source: Fair Labor Standards Act, 29 U.S.C. § 206
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim
Applicable minimum wage: When both federal and state minimum wage laws apply, employees are entitled to the higher minimum wage. Since Massachusetts minimum wage ($15.00) exceeds federal minimum wage ($7.25), the Massachusetts rate applies to employees in the Commonwealth.
According to the Massachusetts Attorney General’s Office:
“Effective January 1, 2023, the minimum wage is $15.00 per hour. The minimum wage applies to all employees except agricultural workers ($8.00 per hour is the minimum wage for most agricultural workers), members of a religious order, workers being trained in certain educational, nonprofit, or religious organizations, and outside sales people.”
Source: Massachusetts Wage & Hour Laws Poster
Published by: Massachusetts Attorney General’s Office
Available at: https://www.mass.gov/doc/massachusetts-wage-hour-laws-poster
Last updated: 2023
Service rate for tipped employees (2026): $6.75 per hour
Employees who provide services to customers and receive more than $20 per month in tips may be paid the service rate, provided their total compensation (service rate plus tips) equals or exceeds the minimum wage of $15.00 per hour.
Source: Massachusetts General Laws Chapter 151, Section 7
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section7
Agricultural worker minimum wage: $8.00 per hour for most agricultural workers
Source: Massachusetts General Laws Chapter 151, Section 2A
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section2A
Minimum wage for workers under 20: $15.00 per hour (same as standard minimum wage)
Massachusetts does not have a separate youth minimum wage or training wage. Workers under age 20 must be paid the full minimum wage of $15.00 per hour from their first day of employment.
Student learner minimum wage: Certain full-time students working in retail, service establishments, agriculture, or institutions of higher education may be paid 80% of minimum wage ($12.00 per hour in 2026) with proper authorization from the Massachusetts Department of Labor Standards.
Source: Massachusetts General Laws Chapter 151, Section 7
Available at: https://www.mass.gov/service-details/employees-with-disabilities-minimum-wage-waiver
Overtime Requirements
Massachusetts requires overtime pay for hours worked over 40 hours per workweek.
According to Massachusetts General Laws Chapter 151, Section 1A:
“No employer in the commonwealth shall employ any of his employees in an occupation, as defined in section two, for a work week longer than forty hours, unless such employee receives compensation for his employment in excess of forty hours at a rate not less than one and one half times the regular rate at which he is employed.”
Source: Massachusetts General Laws Chapter 151, Section 1A
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section1A
Enforced by: Massachusetts Attorney General’s Fair Labor Division
Massachusetts overtime requirements:
- Overtime threshold: Hours worked over 40 in a workweek
- Overtime rate: 1.5 times the employee’s regular rate of pay
- No daily overtime: Massachusetts does not require overtime for hours worked in excess of 8 hours per day (unlike California)
- Workweek definition: Seven consecutive 24-hour periods (168 hours)
Sunday and holiday premium pay:
Massachusetts General Laws Chapter 136 requires retail employers to pay certain employees premium pay for work on Sundays and specific holidays.
For retail employees, Sunday and holiday work must be paid at 1.5 times the regular rate, and such hours may be excluded from weekly overtime calculations unless a collective bargaining agreement provides otherwise.
Source: Massachusetts General Laws Chapter 136, Sections 6 and 16
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter136
Overtime exemptions:
Massachusetts law exempts certain employees from overtime requirements, including:
- Bona fide executive, administrative, or professional employees earning more than specified thresholds
- Outside sales employees
- Certain agricultural workers
- Certain seasonal amusement or recreational establishment employees
- Taxicab drivers
- Certain commissioned employees of retail or service establishments
Complete exemption list: Massachusetts General Laws Chapter 151, Section 1A lists all overtime exemptions.
Source: Massachusetts General Laws Chapter 151, Section 1A
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section1A
Federal overtime requirements:
The Fair Labor Standards Act (FLSA) also requires overtime pay at 1.5 times the regular rate for hours worked over 40 per workweek for non-exempt employees.
Source: Fair Labor Standards Act, 29 U.S.C. § 207
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim
Enforced by: U.S. Department of Labor, Wage and Hour Division
Meal and Rest Break Requirements
Massachusetts meal break requirement:
Massachusetts law requires employers to provide a 30-minute unpaid meal break for employees who work more than 6 hours in a workday.
According to Massachusetts General Laws Chapter 149, Section 100:
“No person shall be required to work for more than six hours during a calendar day without an interval of at least thirty minutes for a meal.”
Source: Massachusetts General Laws Chapter 149, Section 100
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section100
Enforced by: Massachusetts Attorney General’s Fair Labor Division
Meal break requirements:
- Trigger: Working more than 6 hours in a calendar day
- Duration: At least 30 minutes
- Timing: No specific timing required, but must be provided before employee works more than 6 hours
- Pay status: Unpaid (employees must be completely relieved of duties)
- Waiver: Employees and employers may mutually agree to waive the meal break, but waiver cannot be mandatory
According to the Massachusetts Attorney General’s Fair Labor Division:
“Employers may require workers to take their meal breaks. The meal break must be at least 30 minutes long and must occur after the first hour of work and before the last hour of work.”
Source: Advisory 94/2 on Meal Periods
Published by: Massachusetts Attorney General’s Office
Available at: https://www.mass.gov/service-details/breaks-and-time-off
Date: 1994
Rest breaks:
Massachusetts law does not require rest breaks (coffee breaks or other short breaks). Rest breaks are provided at employer discretion.
If an employer voluntarily provides short rest breaks (typically 5 to 20 minutes), federal law requires such breaks be paid as work time.
Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/general/topic/workhours/breaks
Statement: “Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”
Payment of Wages Requirements
Massachusetts law strictly regulates when and how employers must pay wages.
Regular payment frequency:
According to Massachusetts General Laws Chapter 149, Section 148:
“Every person having employees in his service shall pay weekly or bi-weekly each such employee the wages earned by him to within six days of the termination of the pay period during which the wages were earned if employed for five or six days in a calendar week, or to within seven days of the termination of the pay period during which the wages were earned if such employee is employed seven days in a calendar week.”
Source: Massachusetts General Laws Chapter 149, Section 148
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148
Payment frequency requirements:
- Weekly or bi-weekly: Employers must pay employees weekly or bi-weekly
- Payment timing: Within 6 days after end of pay period (for 5-6 day workers) or 7 days (for 7-day workers)
- Payment day: Employers may designate any day as regular payday
Final paycheck requirements:
For terminated/discharged employees:
“Any employee discharged from such employment shall be paid in full on the day of his discharge.”
Source: Massachusetts General Laws Chapter 149, Section 148
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148
For employees who resign:
“Any employee leaving his employment shall be paid in full on the following regular pay day, and, in the absence of a regular pay day, on the following Saturday.”
Source: Massachusetts General Laws Chapter 149, Section 148
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148
Wage statement requirements:
Employers must provide employees with wage statements showing:
- Name of employer
- Name of employee
- Day, month, and year
- Number of hours worked
- Hourly rate
- Amounts of deductions or increases for the pay period
Source: Massachusetts General Laws Chapter 149, Section 148
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148
2.2 Earned Paid Sick Leave
Massachusetts requires employers to provide earned paid sick leave to eligible employees.
Statutory authority:
The Massachusetts Earned Sick Time Law was enacted by ballot initiative in November 2014 and took effect July 1, 2015.
Source: Massachusetts General Laws Chapter 149, Section 148C
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148C
Regulations: 940 CMR 33.00
Available at: https://www.mass.gov/regulations/940-CMR-3300-earned-sick-time
Employer coverage:
The earned sick time law applies to all Massachusetts employers, regardless of size. However, payment requirements differ based on employer size:
- Employers with 11 or more employees: Must provide paid sick time
- Employers with fewer than 11 employees: Must provide sick time, which may be unpaid
Employee eligibility:
All employees who work in Massachusetts are eligible to earn sick time, including:
- Full-time employees
- Part-time employees
- Temporary employees
- Seasonal employees
- Per diem employees
Accrual rate:
Employees earn 1 hour of sick time for every 30 hours worked.
Source: Massachusetts General Laws Chapter 149, Section 148C(b)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148C
Annual accrual cap:
Employees may earn up to 40 hours of sick time per year. Employers may cap accrual at 40 hours per year.
Carryover:
Unused earned sick time carries over to the following year, but employers may cap total accrued sick time at 40 hours. Employers are not required to allow employees to use more than 40 hours of earned sick time per year.
Permitted uses of earned sick time:
Employees may use earned sick time for:
- Care for the employee’s physical or mental illness, injury, or medical condition
- Care for the employee’s child, spouse, parent, or parent of spouse who has a physical or mental illness, injury, or medical condition
- Attend routine medical appointments for the employee or the employee’s child, spouse, parent, or parent of spouse
- Address the psychological, physical, or legal effects of domestic violence
Source: Massachusetts General Laws Chapter 149, Section 148C(a)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148C
Notice requirements:
Employees must provide notice of foreseeable sick time use as soon as practicable. For unforeseeable sick time use, employees must provide notice as soon as practicable.
Employer policies:
Employers may have more generous sick leave or paid time off policies. If an employer provides paid time off that employees may use for the same purposes and under the same conditions as earned sick time, and the amount provided equals or exceeds earned sick time requirements, the employer’s policy satisfies the law.
Source: 940 CMR 33.04(3)
Available at: https://www.mass.gov/regulations/940-CMR-3300-earned-sick-time
Enforcement:
The Massachusetts Attorney General’s Office enforces the Earned Sick Time Law.
Source: Massachusetts General Laws Chapter 149, Section 148C(i)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148C
Contact: Massachusetts Attorney General’s Fair Labor Division, (617) 727-3465
2.3 Summary of Massachusetts Employee Wage and Hour Rights
| Right | Massachusetts Requirement | Source |
|---|---|---|
| Minimum Wage (2026) | $15.00 per hour | M.G.L. c. 151, §1 |
| Tipped Employee Service Rate | $6.75 per hour (total with tips must equal $15.00/hour) | M.G.L. c. 151, §7 |
| Overtime Pay | 1.5x regular rate for hours over 40/week | M.G.L. c. 151, §1A |
| Daily Overtime | Not required | No Massachusetts statute |
| Meal Breaks | 30 minutes unpaid for shifts over 6 hours | M.G.L. c. 149, §100 |
| Rest Breaks | Not required by state law | No Massachusetts statute |
| Payment Frequency | Weekly or bi-weekly | M.G.L. c. 149, §148 |
| Final Pay (Terminated) | Day of discharge | M.G.L. c. 149, §148 |
| Final Pay (Resigned) | Next regular payday or following Saturday | M.G.L. c. 149, §148 |
| Earned Sick Time Accrual | 1 hour per 30 hours worked | M.G.L. c. 149, §148C |
| Earned Sick Time Cap | 40 hours per year | M.G.L. c. 149, §148C |
| Paid Sick Time Requirement | Employers with 11+ employees must pay | M.G.L. c. 149, §148C |
Discrimination Laws in Massachusetts
3.1 Overview of Massachusetts Anti-Discrimination Framework
Massachusetts maintains comprehensive protections against employment discrimination through Massachusetts General Laws Chapter 151B, one of the nation’s oldest and most protective state civil rights laws.
Statutory authority:
Massachusetts General Laws Chapter 151B prohibits employment discrimination based on protected characteristics. The law applies to employers with six or more employees in Massachusetts.
Source: Massachusetts General Laws Chapter 151B, Section 4
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section4
Enforced by: Massachusetts Commission Against Discrimination (MCAD)
MCAD website: https://www.mass.gov/orgs/massachusetts-commission-against-discrimination
Employer coverage threshold:
According to Massachusetts General Laws Chapter 151B, Section 1, an “employer” includes:
“Any person having six or more persons in his employ.”
Source: Massachusetts General Laws Chapter 151B, Section 1(5)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section1
Massachusetts employer coverage is broader than federal law. Title VII of the Civil Rights Act of 1964 applies to employers with 15 or more employees, while Massachusetts Chapter 151B applies to employers with only 6 or more employees.
3.2 Protected Classes Under Massachusetts Law
Massachusetts law prohibits employment discrimination based on the following protected characteristics:
According to Massachusetts General Laws Chapter 151B, Section 4(1):
“It shall be an unlawful practice: For an employer, by himself or his agent, because of the race, color, religious creed, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, genetic information, pregnancy or a condition related to said pregnancy including, but not limited to, lactation or the need to express breast milk for a nursing child, ancestry or status as a veteran of any individual to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification.”
Source: Massachusetts General Laws Chapter 151B, Section 4(1)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section4
Last amended: 2024
Massachusetts protected classes (state law):
- Race
- Color
- Religious creed
- National origin
- Sex (including pregnancy)
- Gender identity
- Sexual orientation
- Genetic information
- Pregnancy and pregnancy-related conditions (including lactation and need to express breast milk)
- Ancestry
- Age (40 years and older)
- Disability (referred to as “handicap” in statute)
- Military/veteran status
Age definition:
According to Massachusetts General Laws Chapter 151B, Section 1(8):
“The term ‘age’ unless a different meaning clearly appears from the context, includes any duration of time since an individual’s birth of greater than forty years.”
Source: Massachusetts General Laws Chapter 151B, Section 1(8)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section1
Disability (Handicap) definition:
According to Massachusetts General Laws Chapter 151B, Section 1(17):
“The term ‘handicap’ means (a) a physical or mental impairment which substantially limits one or more major life activities of a person; (b) a record of having such impairment; or (c) being regarded as having such impairment, but such term shall not include current, illegal use of a controlled substance.”
Source: Massachusetts General Laws Chapter 151B, Section 1(17)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section1
Federal protected classes (apply in all states):
Federal anti-discrimination laws also protect Massachusetts employees. When both state and federal laws apply, employees receive protections from both.
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on:
- Race
- Color
- Religion
- Sex (including pregnancy, sexual orientation, and gender identity per EEOC interpretation)
- National origin
Source: Title VII, 42 U.S.C. § 2000e-2
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim
Enforced by: Equal Employment Opportunity Commission (EEOC)
EEOC website: https://www.eeoc.gov
Age Discrimination in Employment Act (ADEA) prohibits discrimination based on:
- Age (40 years and older)
Source: ADEA, 29 U.S.C. § 621 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section621&num=0&edition=prelim
Americans with Disabilities Act (ADA) prohibits discrimination based on:
- Disability
Source: ADA, 42 U.S.C. § 12101 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim
Genetic Information Nondiscrimination Act (GINA) prohibits discrimination based on:
- Genetic information
Source: GINA, 42 U.S.C. § 2000ff et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000ff&num=0&edition=prelim
3.3 Types of Discrimination Prohibited
Massachusetts law prohibits discrimination in all aspects of employment, including:
According to Massachusetts General Laws Chapter 151B, Section 4, it is unlawful for an employer to:
- Refuse to hire or employ an individual based on protected characteristics
- Bar or discharge from employment based on protected characteristics
- Discriminate in compensation based on protected characteristics
- Discriminate in terms, conditions or privileges of employment based on protected characteristics
Source: Massachusetts General Laws Chapter 151B, Section 4(1)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section4
Employment actions covered by anti-discrimination law include:
- Hiring decisions
- Firing/discharge/termination
- Compensation and pay
- Promotions and advancement opportunities
- Job assignments
- Training opportunities
- Benefits
- Discipline
- Working conditions
- Terms and conditions of employment
- Layoffs
- Recalls from layoff
- Performance evaluations
Types of prohibited discrimination:
Disparate treatment discrimination: Treating employees differently based on protected characteristics. Example: Refusing to hire women for certain positions, paying employees of one race less than others for the same work.
Disparate impact discrimination: Neutral policies or practices that disproportionately affect protected groups without business justification. Example: Height or weight requirements that disproportionately exclude women without job-related necessity.
Harassment: Creating a hostile work environment based on protected characteristics (discussed in detail in Section 3.4).
Retaliation: Taking adverse action against employees for opposing discrimination or participating in discrimination investigations (discussed below).
3.4 Sexual Harassment Under Massachusetts Law
Massachusetts law specifically addresses sexual harassment as a form of sex discrimination.
Statutory framework:
Massachusetts General Laws Chapter 151B prohibits sexual harassment as unlawful sex discrimination. Additionally, Chapter 151B, Section 3A requires employers to maintain policies against sexual harassment.
Source: Massachusetts General Laws Chapter 151B, Sections 4 and 3A
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B
Sexual harassment definition:
According to the Massachusetts Commission Against Discrimination, sexual harassment includes:
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, humiliating or sexually offensive work environment.”
Source: MCAD Guidelines on Sexual Harassment
Published by: Massachusetts Commission Against Discrimination
Available at: https://www.mass.gov/service-details/mcad-guidance-sexual-harassment
Two types of sexual harassment:
1. Quid pro quo harassment: Occurs when submission to or rejection of sexual conduct is used as basis for employment decisions. This typically involves supervisors or others with authority making employment benefits contingent on sexual favors.
Examples:
- Supervisor promising promotion in exchange for sexual favors
- Manager threatening termination if employee refuses sexual advances
- Supervisor denying raise because employee rejected romantic advances
2. Hostile work environment harassment: Occurs when sexual conduct creates an intimidating, hostile, or offensive working environment that interferes with work performance.
Examples:
- Pervasive sexual comments or jokes
- Display of sexually explicit materials
- Unwanted touching or physical contact
- Persistent requests for dates after rejection
- Sexual gestures or innuendo
Employer liability for harassment:
Employers may be held liable for harassment by:
- Supervisors and managers (virtually automatic liability for quid pro quo harassment)
- Co-workers (if employer knew or should have known and failed to take corrective action)
- Non-employees such as customers or vendors (if employer knew or should have known and failed to take corrective action)
Required employer policies:
According to Massachusetts General Laws Chapter 151B, Section 3A(b):
“Every employer shall: (1) adopt a policy against sexual harassment…and (2) shall provide such policy in writing to all employees.”
Source: Massachusetts General Laws Chapter 151B, Section 3A(b)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section3A
Amended: 2024
Sexual harassment training requirements:
Massachusetts does not currently mandate sexual harassment training for all employers. However, the MCAD strongly recommends training and provides model training programs.
Source: Massachusetts Commission Against Discrimination
Available at: https://www.mass.gov/orgs/massachusetts-commission-against-discrimination
Note: Some states including California, New York, Connecticut, Delaware, Illinois, and Maine require sexual harassment training. Massachusetts does not currently have such a requirement, though employers may voluntarily implement training programs.
3.5 Retaliation Protections
Massachusetts law prohibits retaliation against employees who oppose discrimination or participate in discrimination proceedings.
According to Massachusetts General Laws Chapter 151B, Section 4(4):
“It shall be an unlawful practice: For any person, employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because he has opposed any practices forbidden under this chapter or because he has filed a complaint, testified or assisted in any proceeding under section five.”
Source: Massachusetts General Laws Chapter 151B, Section 4(4)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section4
Protected activities include:
- Filing a discrimination charge with MCAD or EEOC
- Participating as a witness in discrimination investigations or proceedings
- Opposing discriminatory practices
- Requesting reasonable accommodations for disability, religion, or pregnancy
- Complaining about harassment or discrimination to management
- Assisting others who file discrimination complaints
Adverse actions that may constitute retaliation:
- Termination/discharge
- Demotion
- Reduction in pay or benefits
- Negative performance evaluations
- Unwarranted discipline
- Undesirable job assignments or schedule changes
- Exclusion from meetings or communications
- Hostile treatment or harassment following protected activity
3.6 Enforcement and Remedies
Filing discrimination complaints:
Employees who experience discrimination may file complaints with:
- Massachusetts Commission Against Discrimination (MCAD)
- Equal Employment Opportunity Commission (EEOC) (for violations of federal law)
- Private lawsuit in Massachusetts state or federal court
Time limits for filing:
According to Massachusetts law:
MCAD complaints: Must be filed within 300 days of the last discriminatory act
Source: Massachusetts General Laws Chapter 151B, Section 5
Available at: https://www.mass.gov/how-to/how-to-file-a-complaint-of-discrimination
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section5
EEOC complaints: Must be filed within 300 days in states with their own anti-discrimination agencies (like Massachusetts)
Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/filing-charge-discrimination
Available remedies for discrimination:
Massachusetts General Laws Chapter 151B, Section 5 provides remedies including:
- Back pay (lost wages)
- Front pay (future lost wages)
- Reinstatement to position
- Compensatory damages (for emotional distress)
- Punitive damages (in cases of malicious or reckless conduct)
- Attorney’s fees and costs
- Injunctive relief (orders requiring employer to take or cease specific actions)
Source: Massachusetts General Laws Chapter 151B, Section 5
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section5
Reasonable Accommodations
4.1 Legal Framework for Reasonable Accommodations
Massachusetts law requires employers to provide reasonable accommodations for employees with disabilities, religious needs, and pregnancy-related conditions.
Statutory authority:
Massachusetts General Laws Chapter 151B requires reasonable accommodations in several contexts:
- Disability accommodations (Chapter 151B, Section 4)
- Religious accommodations (Chapter 151B, Section 4)
- Pregnancy accommodations (Chapter 151B, Section 4, added by Massachusetts Pregnant Workers Fairness Act)
Source: Massachusetts General Laws Chapter 151B, Section 4
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section4
4.2 Disability Accommodations
Obligation to accommodate:
Massachusetts General Laws Chapter 151B requires employers to provide reasonable accommodations for the known physical or mental limitations of otherwise qualified employees with disabilities, unless doing so would impose an undue hardship.
Who is protected:
According to Massachusetts General Laws Chapter 151B, Section 1(17), a “handicap” (disability) means:
“(a) a physical or mental impairment which substantially limits one or more major life activities of a person; (b) a record of having such impairment; or (c) being regarded as having such impairment.”
Source: Massachusetts General Laws Chapter 151B, Section 1(17)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section1
Examples of reasonable accommodations for disabilities:
- Modified work schedules or part-time schedules
- Reassignment to vacant positions
- Acquisition or modification of equipment or devices
- Adjustment of examinations, training materials, or policies
- Provision of qualified readers or interpreters
- Making workplace readily accessible to individuals with disabilities
- Allowing service animals in workplace
- Providing accessible parking spaces
- Adjusting supervisory methods
- Allowing work from home/telework
4.3 Interactive Process
When an employee requests an accommodation or the need for accommodation becomes apparent, employers and employees must engage in an “interactive process” to identify potential accommodations.
Interactive process steps:
- Employee requests accommodation or employer becomes aware of need for accommodation
- Employer and employee engage in good faith dialogue to clarify the individual’s needs
- Employer evaluates potential accommodations that would enable employee to perform essential job functions
- Employer implements appropriate accommodation or explains why accommodation would pose undue hardship
- Monitor effectiveness and adjust accommodation if needed
The interactive process must be conducted in good faith by both parties. Failure to engage in the interactive process may itself constitute discrimination.
Source: Massachusetts Commission Against Discrimination guidance
Available at: https://www.mass.gov/orgs/massachusetts-commission-against-discrimination
4.4 Undue Hardship Exception
Employers are not required to provide accommodations that would impose an “undue hardship” on the employer’s operations.
Undue hardship factors:
Factors considered in determining undue hardship include:
- Nature and cost of accommodation
- Overall financial resources of employer
- Impact on operations
- Impact on other employees
- Type of business operation
An accommodation that is excessively costly, extensive, substantial, or disruptive may constitute undue hardship. The determination is fact-specific and considers the employer’s specific circumstances.
4.5 Religious Accommodations
Massachusetts General Laws Chapter 151B prohibits religious discrimination and requires reasonable accommodations for employees’ religious beliefs and practices.
Religious accommodations may include:
- Modified work schedules to observe religious holidays or Sabbath
- Flexible scheduling for daily prayer times
- Exceptions to dress code for religious attire (head coverings, religious jewelry)
- Dietary accommodations
- Voluntary shift substitutions or swaps
- Lateral transfer to position that does not conflict with religious practices
Employers must provide religious accommodations unless doing so would impose undue hardship on business operations.
4.6 Pregnancy Accommodations
Massachusetts requires employers to provide reasonable accommodations for pregnancy and pregnancy-related conditions.
Massachusetts Pregnant Workers Fairness Act:
In 2017, Massachusetts amended Chapter 151B to require pregnancy accommodations.
According to Massachusetts General Laws Chapter 151B, Section 4(1C):
“For an employer to deny a reasonable accommodation for an employee’s pregnancy or any condition related to the employee’s pregnancy including, but not limited to, lactation or the need to express breast milk for a nursing child if the employee requests such an accommodation.”
Source: Massachusetts General Laws Chapter 151B, Section 4(1C)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section4
Effective: April 1, 2018
Definition of reasonable accommodation for pregnancy:
According to Massachusetts General Laws Chapter 151B, Section 4(1C)(c):
“‘Reasonable accommodation’, may include, but shall not be limited to: (i) more frequent or longer paid or unpaid breaks; (ii) time off to attend to a pregnancy complication or recover from childbirth with or without pay; (iii) acquisition or modification of equipment or seating; (iv) temporary transfer to a less strenuous or hazardous position; (v) job restructuring; (vi) light duty; (vii) private non-bathroom space for expressing breast milk; (viii) assistance with manual labor; or (ix) a modified work schedule.”
Source: Massachusetts General Laws Chapter 151B, Section 4(1C)(c)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section4
Pregnancy accommodations that do not require medical documentation:
According to Massachusetts General Laws Chapter 151B, Section 4(1C), employers may not require medical documentation for accommodations consisting of:
- More frequent restroom, food or water breaks
- Seating
- Limits on lifting no more than 20 pounds
- Private, non-bathroom space for expressing breast milk
Source: Massachusetts General Laws Chapter 151B, Section 4(1C)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section4
Required notice to employees:
Employers must provide written notice to employees about the right to be free from discrimination related to pregnancy and the right to reasonable accommodations for pregnancy-related conditions.
Source: Massachusetts General Laws Chapter 151B, Section 4(1C)(d)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section4
4.7 How Employees Request Accommodations
For employees:
To request a reasonable accommodation:
- Notify your employer of the need for accommodation (oral or written request)
- Explain the limitation caused by disability, religion, or pregnancy
- Suggest possible accommodations if you have ideas, but employer is responsible for identifying effective accommodation
- Participate in interactive process in good faith
- Provide medical documentation if requested for disability or pregnancy accommodations (except for four pregnancy accommodations listed above)
- Follow up in writing to document the request and employer’s response
Employees do not need to use specific words like “reasonable accommodation” or reference the ADA or Chapter 151B. Simply explaining the need for a workplace modification may trigger the employer’s obligation.
4.8 How Employers Should Respond to Accommodation Requests
For employers:
When an employee requests accommodation or need becomes apparent:
- Respond promptly to accommodation requests
- Engage in interactive process in good faith
- Request medical documentation only when appropriate (not for the four specified pregnancy accommodations)
- Identify essential job functions that employee must perform
- Evaluate accommodation options that would enable employee to perform essential functions
- Implement effective accommodation or explain why accommodation would pose undue hardship
- Document the process and decision
- Monitor effectiveness and adjust if needed
Employer obligations under Massachusetts law:
Massachusetts General Laws Chapter 151B prohibits employers from:
- Denying reasonable accommodations without engaging in the interactive process
- Retaliating against employees for requesting accommodations
- Failing to consider accommodation requests in good faith
Employers who fail to engage in the interactive process or deny accommodations without showing undue hardship may violate Massachusetts anti-discrimination law.
Employer Obligations in Massachusetts
5.1 Required Workplace Postings
Massachusetts law requires employers to post specific notices informing employees of their rights.
Required federal posters:
All Massachusetts employers must post the following federal notices:
- Fair Labor Standards Act (FLSA) minimum wage poster
- Source: U.S. Department of Labor
- Available at: https://www.dol.gov/agencies/whd/posters
- Equal Employment Opportunity (EEO) poster (“EEO is the Law”)
- Required for: Employers with 15+ employees
- Source: U.S. Equal Employment Opportunity Commission
- Available at: https://www.eeoc.gov/poster
- OSHA “Job Safety and Health” poster
- Source: Occupational Safety and Health Administration
- Available at: https://www.osha.gov/publications/poster
- Employee Polygraph Protection Act poster
- Source: U.S. Department of Labor
- Available at: https://www.dol.gov/agencies/whd/posters
- Family and Medical Leave Act (FMLA) poster
- Required for: Employers with 50+ employees
- Source: U.S. Department of Labor
- Available at: https://www.dol.gov/agencies/whd/posters
Required Massachusetts state posters:
- Massachusetts Wage and Hour Laws poster
According to Massachusetts law, employers must post notice of Massachusetts wage and hour requirements.
Source: Massachusetts General Laws Chapter 151, Section 2
Published by: Massachusetts Attorney General’s Office
Available at: https://www.mass.gov/doc/massachusetts-wage-hour-laws-poster
Last updated: 2023
This poster includes information on:
- Minimum wage ($15.00/hour)
- Service rate for tipped employees ($6.75/hour)
- Overtime requirements
- Meal break requirements
- Earned sick time
- Payment of wages requirements
- Massachusetts Earned Sick Time Law poster
Source: Massachusetts General Laws Chapter 149, Section 148C
Published by: Massachusetts Attorney General’s Office
Available at: https://www.mass.gov/guides/earned-sick-time
- Massachusetts Fair Employment Law poster
Employers with 6+ employees must post notice of Massachusetts anti-discrimination laws.
Source: Massachusetts General Laws Chapter 151B, Section 7
Published by: Massachusetts Commission Against Discrimination
Available at: https://www.mass.gov/service-details/mcad-guidance-model-policies-and-posters
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section7
- Massachusetts Parental Leave Act poster
Source: Massachusetts General Laws Chapter 149, Section 105D
Available at: https://www.mass.gov/service-details/massachusetts-parental-leave
- Massachusetts Sexual Harassment Law poster
Employers must post information about sexual harassment prohibition.
Source: Massachusetts General Laws Chapter 151B, Section 3A
Available at: https://www.mass.gov/orgs/massachusetts-commission-against-discrimination
- Massachusetts Unemployment Insurance poster
Source: Massachusetts Department of Unemployment Assistance
Available at: https://www.mass.gov/orgs/department-of-unemployment-assistance
- Massachusetts Workers’ Compensation Notice
Source: Massachusetts Department of Industrial Accidents
Available at: https://www.mass.gov/orgs/department-of-industrial-accidents
Posting location requirements:
Posters must be displayed in conspicuous places where employees can readily see them. Typical posting locations include:
- Break rooms
- Time clock areas
- Employee entrances
- Common areas where notices to employees are customarily posted
5.2 New Hire Reporting Requirements
Massachusetts law requires employers to report newly hired and rehired employees to the state.
Reporting requirement:
Employers must report new hires to the Massachusetts Department of Revenue within 14 days of hire date.
Source: Massachusetts General Laws Chapter 62E, Section 2
Enforced by: Massachusetts Department of Revenue
Report online at: https://www.mass.gov/how-to/report-newly-hired-employees
Information to report:
- Employee name
- Employee Social Security Number
- Employee address
- Employee date of hire
- Employer name
- Employer address
- Employer Federal Employer Identification Number (FEIN)
5.3 Recordkeeping Requirements
Massachusetts employers must maintain specific employment records.
Wage and hour records:
According to Massachusetts General Laws Chapter 151, Section 15:
Employers must maintain records including:
- Employee names and addresses
- Occupation
- Hours worked each day and week
- Wages paid
- Deductions from wages
- Dates of payment
Retention period: 3 years
Source: Massachusetts General Laws Chapter 151, Section 15
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section15
Personnel records:
Massachusetts General Laws Chapter 149, Section 52C provides employees the right to review their personnel records.
Source: Massachusetts General Laws Chapter 149, Section 52C
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section52C
Federal recordkeeping requirements:
Employers must also comply with federal recordkeeping requirements under:
- Fair Labor Standards Act (FLSA): 3 years
- Title VII, ADA, ADEA: 1 year from personnel action
- OSHA: Duration of employment plus 30 years (for exposure records)
5.4 Form I-9 and E-Verify Requirements
All U.S. employers must verify employment eligibility of all employees hired.
Form I-9 requirement:
Every employer must complete Form I-9 for each employee hired, verifying identity and employment authorization.
Source: Immigration Reform and Control Act of 1986
Form I-9: https://www.uscis.gov/i-9
Published by: U.S. Citizenship and Immigration Services (USCIS)
Timing:
- Employee must complete Section 1 by first day of work
- Employer must complete Section 2 within 3 business days of hire date
Retention: 3 years after hire date or 1 year after separation, whichever is later
E-Verify:
E-Verify is a voluntary federal program (mandatory for federal contractors and some states). Massachusetts does not require private employers to use E-Verify.
Source: U.S. Citizenship and Immigration Services
E-Verify information: https://www.e-verify.gov
5.5 Wage Payment Requirements
Massachusetts employers must comply with strict wage payment requirements.
Payment timing:
Covered in Section 2.1 (Payment of Wages Requirements) – Massachusetts requires weekly or bi-weekly payment within 6-7 days of pay period end.
Source: Massachusetts General Laws Chapter 149, Section 148
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148
Payment method:
Employers may pay wages by:
- Check or draft (with facilities to cash without charge)
- Direct deposit (with employee’s consent)
- Payroll card (with employee’s consent)
- Cash
Filing Complaints
6.1 When to File a Complaint
Employees may file complaints with Massachusetts or federal agencies when they experience:
- Failure to pay minimum wage or overtime
- Unpaid wages or improper wage deductions
- Denial of required meal breaks
- Denial of earned sick time
- Discrimination based on protected characteristics
- Sexual harassment or hostile work environment
- Retaliation for engaging in protected activity
- Denial of reasonable accommodation
- Violations of wage and hour laws
- Unsafe working conditions
6.2 Massachusetts Attorney General’s Office (Wage Complaints)
For wage and hour violations:
The Massachusetts Attorney General’s Fair Labor Division enforces Massachusetts wage and hour laws.
Contact information:
Massachusetts Attorney General’s Office
Fair Labor Division
One Ashburton Place
Boston, MA 02108
Phone: (617) 727-3465
Website: https://www.mass.gov/orgs/attorney-generals-office
File complaint online: https://www.mass.gov/how-to/file-a-workplace-complaint
What the Fair Labor Division handles:
- Minimum wage violations
- Overtime violations
- Unpaid wages
- Final paycheck violations
- Meal break violations
- Earned sick time violations
- Illegal wage deductions
- Misclassification (employee vs. independent contractor)
Time limit: No specific statute of limitations stated, but complaints should be filed as soon as possible. Massachusetts contract law may allow claims going back 6 years.
Process:
- File complaint online or by mail
- Fair Labor Division investigates
- Attorney General may pursue enforcement action
- Employer may be required to pay back wages plus damages
- Employee may also have right to file private lawsuit
Source: Massachusetts Attorney General’s Office
Available at: https://www.mass.gov/orgs/office-of-attorney-general-maura-healey
6.3 Massachusetts Commission Against Discrimination (Discrimination Complaints)
For employment discrimination complaints:
The Massachusetts Commission Against Discrimination (MCAD) investigates and prosecutes discrimination complaints.
Contact information:
Boston Office (Main Office):
Massachusetts Commission Against Discrimination
One Ashburton Place, Room 601
Boston, MA 02108
Phone: (617) 994-6000
TTY: (617) 994-6196
Springfield Office:
436 Dwight Street, Room 220
Springfield, MA 01103
Phone: (413) 739-2145
Worcester Office:
484 Main Street, Room 320
Worcester, MA 01608
Phone: (508) 453-9630
Website: https://www.mass.gov/orgs/massachusetts-commission-against-discrimination
File complaint online: https://www.mass.gov/how-to/how-to-file-a-complaint-of-discrimination
What MCAD handles:
- Employment discrimination based on protected characteristics
- Sexual harassment
- Failure to provide reasonable accommodations
- Retaliation for opposing discrimination
- Violations of Massachusetts Parental Leave Act
- Pregnancy discrimination
- Domestic worker protections
Time limit: 300 days from the last discriminatory act
Source: Massachusetts General Laws Chapter 151B, Section 5
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section5
Note: For higher education admission discrimination complaints, the time limit is 180 days.
Process:
- File complaint with MCAD (online, by mail, or in person)
- Intake conference may be held to clarify allegations
- Investigation by MCAD investigator
- Finding: Either “Lack of Probable Cause” or “Probable Cause”
- If Probable Cause: Conciliation attempts to resolve
- If no settlement: Public hearing before MCAD hearing officer
- Decision and order with potential remedies
6.4 Equal Employment Opportunity Commission (Federal Discrimination Complaints)
For federal employment discrimination complaints:
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws.
Contact information:
EEOC Boston Area Office:
John F. Kennedy Federal Building
15 New Sudbury Street, Room 475
Boston, MA 02203
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov
File charge online: https://publicportal.eeoc.gov/Portal/Login.aspx
What EEOC handles:
- Discrimination based on race, color, religion, sex, national origin
- Age discrimination (40+)
- Disability discrimination
- Genetic information discrimination
- Pregnancy discrimination
- Sexual harassment
- Retaliation
Time limit: 300 days from the discriminatory act (in states with their own discrimination agency like Massachusetts)
Source: Title VII, 42 U.S.C. § 2000e-5
Available at: https://www.eeoc.gov/filing-charge-discrimination
Dual filing: Massachusetts has a work-sharing agreement with EEOC. Filing with MCAD also files with EEOC and vice versa.
6.5 OSHA (Workplace Safety Complaints)
For workplace safety and health complaints:
The Occupational Safety and Health Administration (OSHA) enforces federal workplace safety standards. Massachusetts also has a state OSHA plan for public sector employees.
Federal OSHA (Private Sector):
OSHA Boston Area Office:
U.S. Department of Labor
10 Causeway Street, Room 659
Boston, MA 02222
Phone: (617) 565-9860
Website: https://www.osha.gov
File complaint online: https://www.osha.gov/workers/file-complaint
Massachusetts OSHA (Public Sector):
Massachusetts Department of Labor Standards:
19 Staniford Street, 2nd Floor
Boston, MA 02114
Phone: (617) 626-6975
Website: https://www.mass.gov/orgs/department-of-labor-standards
6.6 Private Lawsuit Option
Massachusetts employees may file private lawsuits in state or federal court for:
- Wage and hour violations
- Employment discrimination
- Wrongful termination
- Breach of employment contract
- Other employment law violations
Advantages of private lawsuit:
- Potentially larger damages
- Jury trial available
- Broader discovery
- Attorney’s fees may be available
Considerations:
- Must hire attorney
- Costs and time involved
- Must comply with filing deadlines and procedures
Statute of limitations varies by claim type:
- Contract claims: 6 years
- Tort claims: 3 years
- Discrimination claims: Must file administrative charge first with MCAD/EEOC
Consult an employment attorney to evaluate whether filing a private lawsuit is appropriate for your situation.
6.7 Complaint Filing Procedures
Information to provide when filing a complaint:
Agencies investigating complaints typically require:
- Specific dates, times, and locations of alleged violations
- Names of individuals involved
- Description of discriminatory acts or wage violations
- Supporting documentation (pay stubs, timesheets, written communications, performance reviews)
- Witness information if available
- Details of all alleged violations
Filing deadlines:
- MCAD discrimination complaints: 300 days from last discriminatory act
- EEOC federal discrimination charges: 300 days
- Wage complaints: No specific statute of limitations, but file promptly
- OSHA safety complaints: 30 days for most violations
After filing a complaint:
Agencies may request additional information from complainants. Complainants are protected from retaliation under Massachusetts General Laws Chapter 151B, Section 4(4) and federal anti-retaliation laws.
Private lawsuit option:
Massachusetts employees may file private lawsuits for employment law violations. Consulting an employment attorney can provide information about available legal options and procedures.
Remote Work in Massachusetts
7.1 Remote Work Legal Framework
Massachusetts does not have specific statutes regulating remote work arrangements for private sector employees. Remote work policies are determined by individual employers within Massachusetts’ at-will employment framework, subject to existing employment laws.
No state-mandated remote work requirements:
Massachusetts has not enacted legislation requiring employers to offer remote work options or regulating return-to-office mandates for private sector employers.
Legislative search conducted: Massachusetts General Court website
Date: January 2026
Search terms: “remote work mandate”, “telework requirements”, “return to office”
Result: No state legislation mandates or regulates remote work policies for private employers
Source: https://malegislature.gov
State government telework policy:
Massachusetts maintains a hybrid work policy for state government employees, though this does not apply to private sector employers.
According to the Massachusetts Executive Department Telework Policy:
“It is the policy of the Executive Department for Agencies to promote a hybrid work model consisting of a combination of telework and in-office work where statutorily permissible and operationally feasible.”
Source: Executive Department Telework Policy
Published by: Commonwealth of Massachusetts
Available at: https://www.mass.gov/guides/executive-department-telework-policy
This policy applies only to state government employees, not private sector workers.
7.2 Applicable Employment Laws for Remote Workers
Remote workers in Massachusetts remain subject to all applicable Massachusetts employment laws when their primary place of work is Massachusetts.
Employment laws that apply to remote workers in Massachusetts:
Wage and hour protections:
- Minimum wage ($15.00/hour)
- Overtime requirements (1.5x over 40 hours/week)
- Meal break requirements (30 minutes for shifts over 6 hours)
- Wage payment timing requirements
- Earned sick time accrual and usage
Source: Massachusetts General Laws Chapters 149, 151
Official text: https://malegislature.gov/Laws/GeneralLaws
Discrimination protections:
- All Chapter 151B protected classes apply to remote workers
- Sexual harassment prohibitions apply in virtual settings
- Reasonable accommodation obligations continue for remote workers
- Retaliation protections apply
Source: Massachusetts General Laws Chapter 151B
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B
Remote work and reasonable accommodations:
Working remotely may constitute a reasonable accommodation for employees with disabilities, pregnancy-related conditions, or religious needs, depending on individual circumstances and job requirements.
Employers must engage in the interactive process to evaluate remote work as a potential reasonable accommodation when requested by employees with qualifying conditions.
Source: Massachusetts Commission Against Discrimination guidance
Available at: https://www.mass.gov/orgs/massachusetts-commission-against-discrimination
7.3 Multi-State Remote Work Considerations
Employers with remote workers in multiple states must comply with employment laws in each state where employees are physically located and perform work.
Jurisdictional factors courts consider:
When determining which state’s employment laws apply to remote workers, courts examine:
- Physical location where employee performs work: Primary factor for wage and hour laws
- Reporting chain: Which state employee’s supervisor is located in
- Client/customer contacts: Where employee interacts with clients
- Employer’s principal place of business: Location of company headquarters or main office
An employee working remotely in Massachusetts for an out-of-state employer is generally subject to Massachusetts employment laws, including:
- Massachusetts minimum wage and overtime requirements
- Massachusetts earned sick time law
- Massachusetts anti-discrimination protections
- Massachusetts wage payment requirements
Out-of-state employers with Massachusetts remote workers should:
- Register to do business in Massachusetts if required
- Report new hires to Massachusetts Department of Revenue
- Withhold Massachusetts income taxes
- Comply with Massachusetts employment laws
- Post or distribute required Massachusetts workplace notices electronically
7.4 Legal Requirements for Remote Work Arrangements
Massachusetts employment laws apply to remote workers:
Employers with remote workers in Massachusetts must comply with all applicable Massachusetts employment laws, including:
Wage and hour compliance for remote workers:
- Track hours worked for non-exempt employees
- Provide meal breaks (30 minutes for shifts over 6 hours) to non-exempt employees
- Pay minimum wage ($15.00/hour) and overtime (1.5x for hours over 40/week)
- Pay wages on required schedule (weekly or bi-weekly)
Anti-discrimination compliance for remote workers:
- All Massachusetts Chapter 151B protections apply to remote workers
- Employers must maintain same anti-discrimination and anti-harassment standards
- Reasonable accommodation obligations continue for remote workers
- Retaliation protections apply
Tax and reporting requirements:
- Employers must withhold taxes based on employee’s physical work location
- Employers with employees working in Massachusetts must register with Massachusetts Department of Revenue
- New hire reporting required for Massachusetts-based remote workers
- State unemployment insurance contributions apply based on work location
7.5 Return to Office Mandates
Private sector employers:
Massachusetts private sector employers may require employees to return to office work under the at-will employment doctrine, subject to:
Anti-discrimination requirements:
- Return-to-office mandates must not discriminate based on protected characteristics
- Employers must consider reasonable accommodation requests for employees with disabilities, pregnancy, or religious needs that may make in-office work difficult
- Denying remote work accommodation requests requires showing undue hardship
Contractual obligations:
- If employment contract guarantees remote work, employer must honor contract terms
- Collective bargaining agreements may address remote work arrangements
Notice requirements:
- No Massachusetts statute requires advance notice for return-to-office mandates
- Sudden changes to work location may raise unemployment compensation issues if employee resigns
Massachusetts does not prohibit employers from mandating return to office for employees who previously worked remotely.
Source: Massachusetts at-will employment doctrine and Chapter 151B anti-discrimination requirements
Official sources: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B
2026 Updates and Recent Changes
8.1 Laws Effective January 1, 2026
Massachusetts Paid Family and Medical Leave (PFML) Benefit Increase:
The maximum weekly benefit under Massachusetts Paid Family and Medical Leave increased effective January 1, 2026.
2026 Maximum weekly PFML benefit: $1,230.39 per week
2025 Maximum weekly PFML benefit: $1,170.64 per week
Increase: $59.75 per week
Contribution rates for 2026: Total 0.88% of eligible wages (unchanged from 2025)
Source: Massachusetts Department of Family and Medical Leave
Published: October 1, 2025
Available at: https://www.mass.gov/orgs/department-of-family-and-medical-leave
Updated materials released by DFML:
- 2026 mandatory workplace poster
- 2026 rate sheets
- Individual notice templates
Employers must:
- Update payroll systems for new maximum weekly benefit
- Post updated DFML workplace poster
- Issue 2026 rate sheets to employees
- Provide PFML notices to new hires within 30 days
Massachusetts Wage Transparency Act (Effective October 29, 2025, continuing into 2026):
Massachusetts enacted wage transparency requirements in 2025 that continue to apply in 2026.
Employers with 25 or more employees must:
- Include pay ranges in all job postings
- Provide pay ranges to current employees offered new positions
- Provide pay ranges to applicants and employees upon request
Effective date for disclosure requirements: October 29, 2025
Employers with 100 or more employees must:
- Submit annual wage data reports to Massachusetts Secretary of State
- Reporting includes wage data by gender and race/ethnicity
Effective date for reporting requirements: February 1, 2025
Source: Massachusetts Wage Transparency Act, signed July 31, 2024
Enforcement: Massachusetts Attorney General’s Office
Guidance available: https://www.mass.gov/orgs/office-of-the-attorney-general
Counting employees for thresholds:
According to Massachusetts Attorney General’s guidance:
Employers count employees whose “primary place of work” is Massachusetts by averaging the number of employees over all pay periods for the year.
Source: Massachusetts Attorney General’s Wage Transparency FAQs
Available at: https://www.mass.gov/orgs/office-of-the-attorney-general
8.2 No Changes to Minimum Wage in 2026
Massachusetts minimum wage remains: $15.00 per hour in 2026
No minimum wage increase took effect January 1, 2026. Massachusetts minimum wage has remained at $15.00 per hour since January 1, 2023.
Source: Massachusetts General Laws Chapter 151, Section 1
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section1
Service rate for tipped employees remains: $6.75 per hour in 2026
Source: Massachusetts General Laws Chapter 151, Section 7
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section7
8.3 Pending Legislation
Proposed minimum wage increase (Senate Bill S1349):
Legislation pending in Massachusetts Legislature would gradually increase minimum wage from $15.00 to $20.00 by 2029.
Proposed increases if enacted:
- January 1, 2026: $16.25 per hour
- January 1, 2027: $17.50 per hour
- January 1, 2028: $18.75 per hour
- January 1, 2029: $20.00 per hour
- Thereafter: Annual adjustments based on Consumer Price Index
Tipped minimum wage under proposal: 60% of standard minimum wage
Status: Pending in Massachusetts Legislature as of January 2026. Not enacted.
Source: Massachusetts Senate Bill S1349
Available at: https://malegislature.gov
Note: This legislation has not been enacted. Current minimum wage remains $15.00 per hour.
8.4 How to Stay Updated on Massachusetts Employment Law Changes
Official government sources:
Massachusetts Legislature:
- Website: https://malegislature.gov
- Purpose: Track pending legislation, view enacted laws
Massachusetts Attorney General’s Office:
- Website: https://www.mass.gov/orgs/office-of-the-attorney-general
- Purpose: Wage and hour law enforcement and guidance
Massachusetts Commission Against Discrimination:
- Website: https://www.mass.gov/orgs/massachusetts-commission-against-discrimination
- Purpose: Anti-discrimination law guidance and enforcement
Massachusetts Department of Labor Standards:
- Website: https://www.mass.gov/orgs/department-of-labor-standards
- Purpose: Labor law enforcement and guidance
Massachusetts Department of Family and Medical Leave:
- Website: https://www.mass.gov/orgs/department-of-family-and-medical-leave
- Purpose: PFML program updates
Official sources for employment law updates:
Massachusetts and federal government agencies publish employment law updates through:
Massachusetts sources:
- Massachusetts Legislature: https://malegislature.gov (for enacted legislation)
- Massachusetts Attorney General’s Office: https://www.mass.gov/orgs/office-of-the-attorney-general (for wage and hour guidance)
- Massachusetts Commission Against Discrimination: https://www.mass.gov/orgs/massachusetts-commission-against-discrimination (for anti-discrimination guidance)
- Massachusetts Department of Labor Standards: https://www.mass.gov/orgs/department-of-labor-standards (for labor law guidance)
- Massachusetts Department of Family and Medical Leave: https://www.mass.gov/orgs/department-of-family-and-medical-leave (for PFML updates)
Federal sources:
- U.S. Department of Labor: https://www.dol.gov
- Equal Employment Opportunity Commission: https://www.eeoc.gov
- Occupational Safety and Health Administration: https://www.osha.gov
Many agencies offer email subscription services for regulatory updates and guidance documents.
Resources
10.1 Massachusetts State Government Agencies
Massachusetts Attorney General’s Office
Fair Labor Division
One Ashburton Place
Boston, MA 02108
Phone: (617) 727-3465
TTY: (617) 727-4765
Website: https://www.mass.gov/orgs/office-of-the-attorney-general
File wage complaint: https://www.mass.gov/how-to/file-a-workplace-complaint
Jurisdiction: Wage and hour law enforcement, earned sick time, wage theft, minimum wage violations, overtime violations, final paycheck violations
Massachusetts Commission Against Discrimination (MCAD)
Boston Office (Main):
One Ashburton Place, Room 601
Boston, MA 02108
Phone: (617) 994-6000
TTY: (617) 994-6196
Springfield Office:
436 Dwight Street, Room 220
Springfield, MA 01103
Phone: (413) 739-2145
Worcester Office:
484 Main Street, Room 320
Worcester, MA 01608
Phone: (508) 453-9630
Website: https://www.mass.gov/orgs/massachusetts-commission-against-discrimination
File discrimination complaint: https://www.mass.gov/how-to/how-to-file-a-complaint-of-discrimination
Jurisdiction: Employment discrimination, sexual harassment, reasonable accommodation failures, retaliation, pregnancy discrimination
Massachusetts Department of Labor Standards
19 Staniford Street, 2nd Floor
Boston, MA 02114
Phone: (617) 626-6975
Fax: (617) 727-1090
Website: https://www.mass.gov/orgs/department-of-labor-standards
Jurisdiction: Labor law enforcement, workplace safety (public sector), minimum wage and overtime interpretations
Massachusetts Department of Family and Medical Leave
PO Box 838
Lawrence, MA 01842
Phone: (844) 385-9640
TTY: (833) 655-0940
Website: https://www.mass.gov/orgs/department-of-family-and-medical-leave
Jurisdiction: Paid Family and Medical Leave program administration
Massachusetts Department of Revenue
New Hire Reporting
PO Box 55199
Boston, MA 02205-5199
Phone: (617) 887-6400
Report new hires: https://www.mass.gov/how-to/report-newly-hired-employees
Jurisdiction: New hire reporting, tax withholding
Massachusetts Department of Unemployment Assistance
19 Staniford Street
Boston, MA 02114
Phone: (617) 626-5075
Website: https://www.mass.gov/orgs/department-of-unemployment-assistance
Jurisdiction: Unemployment insurance
Massachusetts Department of Industrial Accidents
1 Congress Street, Suite 100
Boston, MA 02114-2017
Phone: (617) 727-4900
Toll-free: 1-800-323-3249
Website: https://www.mass.gov/orgs/department-of-industrial-accidents
Jurisdiction: Workers’ compensation
10.2 Federal Government Agencies
U.S. Equal Employment Opportunity Commission (EEOC)
John F. Kennedy Federal Building
15 New Sudbury Street, Room 475
Boston, MA 02203
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov
File charge: https://publicportal.eeoc.gov/Portal/Login.aspx
Jurisdiction: Federal employment discrimination (Title VII, ADA, ADEA, GINA)
U.S. Department of Labor
Wage and Hour Division
JFK Federal Building, Room E-365
Boston, MA 02203
Phone: (617) 624-6700
Website: https://www.dol.gov/agencies/whd
Jurisdiction: Federal wage and hour law (FLSA), Family and Medical Leave Act (FMLA)
Occupational Safety and Health Administration (OSHA)
Boston Area Office
10 Causeway Street, Room 659
Boston, MA 02222
Phone: (617) 565-9860
Website: https://www.osha.gov
File safety complaint: https://www.osha.gov/workers/file-complaint
Jurisdiction: Workplace safety and health (private sector)
U.S. Citizenship and Immigration Services (USCIS)
John F. Kennedy Federal Building
15 New Sudbury Street
Boston, MA 02203
Phone: 1-800-375-5283
Website: https://www.uscis.gov
Form I-9: https://www.uscis.gov/i-9
E-Verify: https://www.e-verify.gov
Jurisdiction: Employment eligibility verification
National Labor Relations Board (NLRB)
Boston Regional Office
Thomas P. O’Neill, Jr. Federal Building
10 Causeway Street, 6th Floor
Boston, MA 02222
Phone: (617) 565-6700
Website: https://www.nlrb.gov
Jurisdiction: Unfair labor practices, union elections, collective bargaining
10.3 Key Legal Publications and Guidance
Massachusetts General Laws:
Complete text of Massachusetts statutes
https://malegislature.gov/Laws/GeneralLaws
Massachusetts Code of Regulations:
State administrative regulations
https://www.mass.gov/regulations
Massachusetts Attorney General – Wage and Hour Publications:
https://www.mass.gov/orgs/attorney-generals-office
MCAD Guidelines and Model Policies:
https://www.mass.gov/service-details/mcad-guidance-model-policies-and-posters
U.S. Department of Labor – Compliance Assistance:
https://www.dol.gov/agencies/whd/compliance-assistance
EEOC Publications:
https://www.eeoc.gov/publications
10.4 Legal Assistance Resources
Finding legal representation:
Individuals seeking legal representation for employment matters should consult with licensed Massachusetts employment law attorneys.
To find an employment attorney:
- Contact the Massachusetts Bar Association for referrals
- Search for attorneys specializing in employment law in your area
- Consult with multiple attorneys to find appropriate representation
- Ask about experience with your specific type of employment issue
Legal aid for low-income individuals:
Low-income individuals may qualify for free or reduced-cost legal services. Search for “Massachusetts legal aid” or “Massachusetts legal services” to find organizations that may provide assistance based on income eligibility.
Government agencies provide information and enforcement:
For wage and hour issues, discrimination complaints, and workplace safety concerns, contact the government agencies listed in Section 10.1 and 10.2. These agencies investigate complaints and enforce employment laws without requiring private attorneys.
Note: This guide does not endorse any specific legal service providers or law firms. Consult with qualified legal counsel for advice regarding your specific situation.
10.5 Additional Resources
Massachusetts Trial Court Law Libraries:
Legal research assistance
https://www.mass.gov/orgs/trial-court-law-libraries
Find library locations and legal research help
Secretary of the Commonwealth:
Business formation and foreign corporation registration
https://www.sec.state.ma.us/
Massachusetts Legislature:
Track pending legislation
https://malegislature.gov
Commonwealth of Massachusetts Official Website:
https://www.mass.gov
10.6 Staying Updated on Massachusetts Employment Law
Massachusetts and federal employment laws change through legislative amendments, new regulations, and court decisions. Official government sources publish updates to employment law requirements.
Sources for employment law changes:
Legislative changes:
- Massachusetts Legislature publishes enacted laws at https://malegislature.gov
- Bills become law after passage by both houses and governor’s signature
- Effective dates vary by statute
Regulatory changes:
- State agencies publish new regulations in Massachusetts Code of Regulations
- Federal agencies publish regulations in Federal Register and Code of Federal Regulations
Agency guidance:
- Massachusetts Attorney General’s Office publishes wage and hour guidance
- Massachusetts Commission Against Discrimination publishes anti-discrimination guidelines
- U.S. Department of Labor and EEOC publish federal employment law guidance
Update frequency: Employment law changes occur throughout the year. This guide documents update policy in Section 11.2.
Frequently Asked Questions - Massachusetts Employment Law
1. What is employment law in Massachusetts?
Employment law in Massachusetts consists of state statutes, regulations, and court decisions governing the relationship between employers and employees. Massachusetts employment law covers minimum wage, overtime pay, meal breaks, payment of wages, earned sick time, discrimination protections, reasonable accommodations, workplace safety, and other employment-related matters. Primary Massachusetts employment law statutes include Massachusetts General Laws Chapters 149 (Labor and Industries), 151 (Minimum Fair Wages), and 151B (Anti-Discrimination). Federal employment laws also apply to Massachusetts employers and employees.
Key sources: Massachusetts General Laws Chapters 149, 151, 151B
Available at: https://malegislature.gov/Laws/GeneralLaws
2. What is the difference between labor law and employment law in Massachusetts?
Employment law governs the individual legal relationship between employers and individual employees, covering matters such as wages, discrimination, and working conditions. Labor law specifically governs collective bargaining relationships between employers, employees, and labor unions, including union organizing, collective bargaining, and unfair labor practices. In Massachusetts, employment law (including minimum wage, discrimination protections, and other individual rights) applies to all employees. Labor law (Massachusetts General Laws Chapter 150A) applies specifically to unionized workplaces and collective bargaining relationships. Most employees are subject to employment law protections; labor law applies only to union-represented employees.
Source: Massachusetts General Laws Chapter 150A (Labor Relations)
Available at: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter150A
3. Is Massachusetts an at-will employment state?
Yes, Massachusetts follows the at-will employment doctrine. This means employment relationships may generally be terminated by either party at any time for any lawful reason or no reason at all, with or without notice. However, Massachusetts recognizes significant exceptions to at-will employment, including: (1) statutory exceptions prohibiting discrimination based on protected characteristics under Massachusetts General Laws Chapter 151B; (2) retaliation protections for employees who engage in protected activities; (3) public policy exceptions protecting employees from termination that violates fundamental public policy; and (4) contractual exceptions where employment contracts modify at-will status. At-will employment does not mean employers can terminate employees for unlawful reasons or in violation of employee rights.
Source: Massachusetts common law doctrine and Chapter 151B exceptions
Available at: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B
4. What is the minimum wage in Massachusetts in 2026?
The Massachusetts minimum wage in 2026 is $15.00 per hour. This rate has been in effect since January 1, 2023, and remains unchanged in 2026. The tipped employee service rate is $6.75 per hour, provided the employee’s total compensation (service rate plus tips) equals or exceeds $15.00 per hour. Agricultural workers have a separate minimum wage of $8.00 per hour for most agricultural work. Massachusetts minimum wage exceeds the federal minimum wage of $7.25 per hour, so the Massachusetts rate applies to employees working in the Commonwealth.
Source: Massachusetts General Laws Chapter 151, Section 1
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section1
5. Does Massachusetts require overtime pay?
Yes, Massachusetts requires overtime pay for non-exempt employees. Employers must pay overtime at a rate of at least 1.5 times the employee’s regular rate of pay for all hours worked over 40 hours in a workweek. Massachusetts does not require daily overtime (unlike California), only weekly overtime for hours exceeding 40 per workweek. Certain employees are exempt from overtime requirements, including bona fide executive, administrative, and professional employees; outside sales employees; and specific other categories listed in Massachusetts General Laws Chapter 151, Section 1A. Retail employees may also be entitled to Sunday and holiday premium pay at 1.5 times regular rate under Massachusetts General Laws Chapter 136.
Source: Massachusetts General Laws Chapter 151, Section 1A
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section1A
6. What are Massachusetts meal and rest break requirements?
Massachusetts requires employers to provide a 30-minute unpaid meal break to employees who work more than 6 hours in a calendar day. The meal break must be provided before the employee works more than 6 hours. Employees must be completely relieved of duties during the meal break for it to be unpaid. Employees and employers may mutually agree to waive the meal break, but waiver cannot be mandatory. Massachusetts does not require rest breaks (coffee breaks). If employers voluntarily provide short rest breaks of 5-20 minutes, federal law requires such breaks be paid as work time.
Source: Massachusetts General Laws Chapter 149, Section 100 (meal breaks)
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section100
Federal guidance: https://www.dol.gov/general/topic/workhours/breaks
7. What are my employee rights in Massachusetts?
Massachusetts employees have extensive legal rights, including: (1) Right to minimum wage of $15.00/hour and overtime pay at 1.5x regular rate for hours over 40/week; (2) Right to 30-minute meal break for shifts over 6 hours; (3) Right to earn and use sick time (1 hour per 30 hours worked); (4) Right to receive wages weekly or bi-weekly within 6-7 days of pay period end; (5) Right to final paycheck on last day if terminated or next regular payday if resigned; (6) Right to be free from discrimination based on 13+ protected characteristics under Massachusetts General Laws Chapter 151B; (7) Right to reasonable accommodations for disability, pregnancy, and religion; (8) Right to file complaints about wage violations or discrimination without retaliation; (9) Right to safe workplace under federal OSHA standards and Massachusetts safety requirements.
Sources: Massachusetts General Laws Chapters 149, 151, 151B
Available at: https://malegislature.gov/Laws/GeneralLaws
8. Can my employer fire me for any reason in Massachusetts?
Massachusetts is an at-will employment state, meaning employers can generally terminate employees for any lawful reason or no reason at all. However, employers cannot terminate employees for unlawful reasons. Unlawful terminations include: (1) Discrimination based on protected characteristics (race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, pregnancy, ancestry, age 40+, disability, military status) under Massachusetts General Laws Chapter 151B; (2) Retaliation for filing wage complaints, discrimination charges, requesting reasonable accommodations, or engaging in other protected activities; (3) Violation of public policy; (4) Breach of employment contract terms. If you believe you were terminated for an unlawful reason, you may file a complaint with the Massachusetts Commission Against Discrimination or consult an employment attorney.
Source: Massachusetts General Laws Chapter 151B, Section 4
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section4
9. How do I file a discrimination complaint in Massachusetts?
To file a discrimination complaint in Massachusetts, you may file with: (1) Massachusetts Commission Against Discrimination (MCAD) – file online at https://www.mass.gov/how-to/how-to-file-a-complaint-of-discrimination or at MCAD offices in Boston (617-994-6000), Springfield (413-739-2145), or Worcester (508-453-9630). The filing deadline is 300 days from the last discriminatory act. (2) Equal Employment Opportunity Commission (EEOC) for federal discrimination claims – file online at https://publicportal.eeoc.gov or call 1-800-669-4000. The filing deadline is 300 days. Massachusetts has a work-sharing agreement with EEOC, so filing with one agency also files with the other. (3) Private lawsuit in court after filing administrative charge. MCAD investigates complaints and may prosecute cases where probable cause of discrimination is found.
MCAD website: https://www.mass.gov/orgs/massachusetts-commission-against-discrimination
EEOC website: https://www.eeoc.gov
10. Can I request remote work as a reasonable accommodation in Massachusetts?
Yes, you may request remote work as a reasonable accommodation for a disability, pregnancy-related condition, or religious need under Massachusetts General Laws Chapter 151B. Employers must engage in the interactive process to evaluate whether remote work would be an effective reasonable accommodation that enables you to perform the essential functions of your position. Employers must provide reasonable accommodations unless doing so would impose an undue hardship on business operations. Whether remote work is a reasonable accommodation depends on your specific limitations, job duties, and whether remote work would enable you to perform essential job functions. Not all positions can be performed remotely, and employers are not required to create new positions or eliminate essential functions. To request remote work accommodation, notify your employer of your need for accommodation and engage in the interactive process.
Source: Massachusetts General Laws Chapter 151B, Section 4
MCAD guidance: https://www.mass.gov/orgs/massachusetts-commission-against-discrimination
11. What are employer obligations in Massachusetts?
Massachusetts employers must comply with numerous legal obligations, including: (1) Pay minimum wage ($15.00/hour) and overtime (1.5x for hours over 40/week); (2) Provide 30-minute meal break for shifts over 6 hours; (3) Provide earned sick time (1 hour per 30 hours worked, paid if 11+ employees); (4) Pay wages weekly or bi-weekly within required timeframes; (5) Pay final wages on termination day or next regular payday if employee resigns; (6) Comply with anti-discrimination laws (Chapter 151B) – do not discriminate based on protected characteristics; (7) Provide reasonable accommodations for disability, pregnancy, and religion; (8) Maintain sexual harassment policy; (9) Post required federal and state workplace notices; (10) Report new hires to Massachusetts Department of Revenue within 14 days; (11) Maintain employment records per retention schedules; (12) Complete Form I-9 for all employees; (13) Comply with workplace safety standards.
Sources: Massachusetts General Laws Chapters 149, 151, 151B
Available at: https://malegislature.gov/Laws/GeneralLaws
12. What workplace posters must Massachusetts employers display?
Massachusetts employers must post both federal and state required notices. Required federal posters include: (1) Fair Labor Standards Act minimum wage poster; (2) Equal Employment Opportunity “EEO is the Law” poster (15+ employees); (3) OSHA Job Safety and Health poster; (4) Employee Polygraph Protection Act poster; (5) Family and Medical Leave Act poster (50+ employees). Required Massachusetts state posters include: (1) Massachusetts Wage and Hour Laws poster; (2) Massachusetts Earned Sick Time Law poster; (3) Massachusetts Fair Employment Law poster (6+ employees); (4) Massachusetts Parental Leave Act poster; (5) Massachusetts Sexual Harassment Law poster; (6) Massachusetts Unemployment Insurance poster; (7) Massachusetts Workers’ Compensation Notice. Posters must be displayed in conspicuous locations where employees can readily see them.
Federal posters: https://www.dol.gov/agencies/whd/posters
Massachusetts posters: https://www.mass.gov/service-details/massachusetts-labor-law-posters
13. How long must Massachusetts employers keep employment records?
Massachusetts employers must maintain employment records for specified retention periods. Wage and hour records (employee names, addresses, occupations, hours worked, wages paid, deductions, payment dates) must be retained for 3 years under Massachusetts General Laws Chapter 151, Section 15. Personnel records must be maintained to allow employee inspection under Massachusetts General Laws Chapter 149, Section 52C. Federal recordkeeping requirements also apply: Fair Labor Standards Act records (3 years), Title VII/ADA/ADEA records (1 year from personnel action), OSHA exposure records (duration of employment plus 30 years), Form I-9 (3 years from hire or 1 year from separation, whichever is later). Employers must maintain employment records per the longest applicable retention period.
Source: Massachusetts General Laws Chapter 151, Section 15
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section15
14. Does Massachusetts require paid sick leave?
Yes, Massachusetts requires employers to provide earned sick time to all employees. Employees earn 1 hour of sick time for every 30 hours worked, up to 40 hours per year. For employers with 11 or more employees, earned sick time must be paid. For employers with fewer than 11 employees, earned sick time may be unpaid. Employees may use earned sick time for their own illness, injury, or medical appointments; to care for a child, spouse, parent, or parent of spouse with illness or medical condition; to attend routine medical appointments for themselves or covered family members; or to address psychological, physical, or legal effects of domestic violence. Unused sick time carries over to the following year, but employers may cap total accrued sick time at 40 hours.
Source: Massachusetts General Laws Chapter 149, Section 148C
Official text: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148C
15. What protections do Massachusetts remote workers have?
Massachusetts remote workers whose primary place of work is Massachusetts are entitled to all Massachusetts employment law protections. Remote workers must receive: (1) Massachusetts minimum wage ($15.00/hour) and overtime pay (1.5x over 40 hours/week); (2) Earned sick time (1 hour per 30 hours worked); (3) Protection from discrimination based on all Massachusetts protected characteristics under Chapter 151B; (4) Right to request reasonable accommodations for disability, pregnancy, or religion (including potentially remote work itself as an accommodation); (5) Wage payment protections and proper payment timing; (6) Safe working conditions. Massachusetts does not have specific statutes requiring employers to offer remote work or regulating return-to-office mandates. Employers may require employees to return to office under at-will employment, but must still comply with anti-discrimination laws and consider reasonable accommodation requests.
Sources: Massachusetts General Laws Chapters 149, 151, 151B apply to remote workers
Available at: https://malegislature.gov/Laws/GeneralLaws