The Massachusetts Labor Law Guide

The statewide rate in Massachusetts is $15.00 per hour for most employees.

Massachusetts enforces strict statutory exemptions, including an $8.00 per hour minimum for agricultural workers and a $6.75 per hour service rate for eligible tipped employees.

The standard minimum wage is set only at the state level. Municipalities are preempted from adopting their own general minimum wages for private employers, so the $15.00 rate applies across all cities.

Contractor exception: several major municipalities, including Boston, Cambridge, and Somerville, enforce Living Wage Ordinances. These mandate significantly higher hourly pay for employers who act as city contractors, subcontractors, or receive municipal financial assistance.

The tipped minimum wage, defined in Massachusetts as the Service Rate, is the lowest hourly base pay for eligible employees who customarily and regularly receive more than $20 a month in tips.

The current rate is $6.75 per hour for eligible tipped employees.

The service rate of $6.75 plus the employee's actual earned tips must equal at least the standard minimum wage of $15.00 per hour. If the combined total falls short, the employer must pay the difference. Massachusetts requires this make-up pay to be evaluated at the end of each individual shift, not averaged over the workweek. Managers and supervisors are prohibited by state law from participating in tip pools.

Most non-exempt employees who work over 40 hours in a workweek are entitled to one and one-half times their regular hourly rate.

If state and federal wage laws conflict, employees get the standard that provides the higher benefit to the worker.

Massachusetts enforces several state-specific overtime exemptions that differ from the federal FLSA. For example, workers in restaurants, hotels, and gasoline stations are exempt from state overtime requirements, but employers must still verify their overtime eligibility under federal law.

Under Massachusetts wage and hour laws, most non-exempt employees must get a 30-minute meal break if they work more than 6 hours during a calendar day. The break may be unpaid only if the employee is completely free of all duties and permitted to leave the workplace. If the employee must remain on the premises or perform any work, the break must be paid.

Employees may voluntarily agree in writing to waive their meal break in order to work through it and be compensated for their time.

Massachusetts also enforces a strict Day of Rest law for employees in manufacturing, mechanical, or mercantile establishments. These workers must get at least 24 consecutive hours of rest after working six consecutive days. This 24-hour rest period must include an unbroken interval between 8:00 AM and 5:00 PM.

Vacation leave

Massachusetts does not require private-sector employers to offer paid vacation leave. If an employer chooses to provide paid vacation, the Massachusetts Wage Act treats all accrued, unused vacation as an earned wage. It cannot be forfeited and must be paid out to the employee upon termination.

Earned sick time

The Massachusetts Earned Sick Time Law requires employers to provide workers up to 40 hours of sick leave per year to care for themselves or a family member.

Workers earn at least one hour of sick leave for every 30 hours worked.

Employers with 11 or more employees must provide this as paid sick leave. Employers with 10 or fewer employees must provide unpaid sick leave.

Massachusetts also administers a separate Paid Family and Medical Leave (PFML) program, which provides up to 26 weeks of state-funded paid leave for qualifying family and medical reasons.

Holidays

Under the Massachusetts Blue Laws, private employers are generally not obligated to pay premium or additional holiday wages (the statutory premium pay phase-out concluded in 2023). For certain retail businesses, operating on restricted holidays such as Thanksgiving and Christmas requires special permits, and employers are prohibited from requiring employees to work those days. All holiday work for covered retail employees must be strictly voluntary.

Minors 14 to 15 years old

Minors who are 14 and 15 years old can only work between 7 AM and 7 PM during the school year, and not during school hours. They can work between 7 AM and 9 PM during the summer (July 1 through Labor Day).

Maximum hours when school is in session:

• 18 hours a week
• 3 hours a day on school days
• 8 hours a day on Saturdays, Sundays, and holidays
• 6 days a week

Maximum hours when school is not in session:

• 40 hours a week
• 8 hours a day
• 6 days a week

Minors 16 to 17 years old

Minors who are 16 and 17 years old can only work between 6 AM and 10 PM on nights before a regular school day. If the establishment stops serving customers at 10:00 PM, the minor may work until 10:15 PM. They can work between 6 AM and 11:30 PM on nights when school is not scheduled. Restaurants and racetracks may employ 16- and 17-year-olds until 12:00 AM (midnight) on non-school nights.

Maximum hours during on and off school hours:

• 48 hours a week
• 9 hours a day
• 6 days a week

Requirements for all minors (14 to 17 years old)

• Work permits: all minors must obtain a valid Youth Employment Permit from their school district before starting work.
• Adult supervision: any minor working after 8:00 PM must be under the direct and immediate supervision of an adult who is physically present in the workplace.