The Massachusetts
Labor Law Guide

Minimum wage is the lowest hourly pay rate employers are legally required to pay nonexempt employees. While the federal minimum wage establishes a baseline, states may adopt higher minimum wage rates.

Massachusetts’ current statewide rate is: $15.00 per hour for most employees. 

(Compliance note: 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).

Cities that have higher minimum wage:

In Massachusetts, the standard minimum wage is set exclusively at the state level; municipalities are preempted from adopting their own general minimum wages for private employers. Therefore, the $15.00 rate applies universally across all cities.

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

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Tipped minimum wage (legally defined in Massachusetts as the "Service Rate") is the lowest hourly base pay employers are legally obligated to pay eligible employees who customarily and regularly receive more than $20 a month in tips.

Massachusetts’ current rate is: $6.75 per hour for eligible tipped employees. 

Compliance note: 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. Crucially, Massachusetts law requires this "make-up pay" calculation to be evaluated at the completion of each individual shift, not averaged over the workweek. Furthermore, managers and supervisors are strictly prohibited by state law from participating in tip pools.

Massachusetts’ overtime laws indicate that most non-exempt employees who work over 40 hours in a workweek are legally entitled to be paid one and one-half times their regular hourly rate.

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

Compliance note: 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 be given a 30-minute meal break if they work more than 6 hours during a calendar day. This break may be unpaid only if the employee is completely free of all duties and permitted to leave the workplace. If the employee is required to remain on the premises or perform any work, the break must be paid. 

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

In addition, Massachusetts enforces a strict "Day of Rest" law for employees working in manufacturing, mechanical, or mercantile establishments. These workers must be given 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.

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Vacation leave

Massachusetts does not require private-sector employers to offer paid vacation leave to their employees. However, if an employer chooses to provide paid vacation, the Massachusetts Wage Act dictates that all accrued, unused vacation time is considered 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 with 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.

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

Additional compliance: 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). However, for certain retail businesses, operating on restricted holidays (such as Thanksgiving and Christmas) requires special permits, and employers are strictly prohibited from requiring employees to work on those days. All holiday work for covered retail employees must be strictly voluntary.

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Specific laws for minors 14–15 years old

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

The maximum hours they can work 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

The maximum hours they can work when school is not in session:

• 40 hours a week

• 8 hours a day

• 6 days a week
  

Specific laws for minors 16–17 years old

Minors who are 16 and 17 years old can only work between 6 AM and 10 PM on nights preceding a regular school day. (Exception: 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. (Exception: Restaurants and racetracks may employ 16- and 17-year-olds until 12:00 AM/midnight on non-school nights).

The maximum hours they can work during on and off school hours:

• 48 hours a week

• 9 hours a day

• 6 days a week

Universal requirements for all minors (14–17 years old):

• Work permits: All minors must obtain a valid Youth Employment Permit from their school district before commencing employment.

• 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.

Hiring
In Massachusetts, employers should generally not ask about the following during the hiring process:

• Age

• Criminal record information

• Disability

• Gender identity

• Genetic information

• National origin

• Polygraph

• Pregnancy

• Race/Color

• Religion

• Salary History

• Sexual orientation

However, during the hiring process, employers can ask for:

• Social security number

• Credit report, but they have to follow the Fair Credit Reporting Act

• References

Firing
Massachusetts employers have the right to terminate employees at will for nearly any reason and no reason at all.