©2012 Office of Massachusetts Attorney General Martha Coakley Massachusetts Wage and Hour Laws Kate Watkins, Outreach Coordinator Office of Massachusetts.

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Presentation transcript:

©2012 Office of Massachusetts Attorney General Martha Coakley Massachusetts Wage and Hour Laws Kate Watkins, Outreach Coordinator Office of Massachusetts Attorney General Martha Coakley Fair Labor Division

Wage and Hour Laws: An Overview Set minimum standards for when, how, and how much employees must be paid: Minimum Wage Overtime Termination Pay Also contain documentation requirements: Payroll Records Deductions Etc. ©2012 Office of Massachusetts Attorney General Martha Coakley Meal Breaks Blue laws Youth Employment

The Wage Act M.G.L. c. 149, § 148 Holiday, vacation, commission payments Employees must be paid within six days of the end of the pay period Pay period must be every week or every two weeks for hourly employees © 2012 Office of Massachusetts Attorney General Martha Coakley

Working Time All time required to be on employers property, or on duty, or at a specific work site Work before and after the normal shift Meal break: no duties and allowed to leave work site © 2012 Office of Massachusetts Attorney General Martha Coakley

Deductions M.G.L. c. 149, § 150 Required by Law – taxes, Social Security, court-ordered deductions For Employee Benefit and Employee Authorized – health insurance, pension, savings plan Below Minimum Wage Deductions Restricted – lodging, meals © 2012 Office of Massachusetts Attorney General Martha Coakley

Termination Pay M.G.L. c. 149, § 148 Employee fired, terminated or laid off: Paid in full on last day of work Employee quits or resigns: Paid in full on next regular pay day © 2012 Office of Massachusetts Attorney General Martha Coakley

Termination Pay M.G.L. c. 149, § 148 Upon separation from employment, wages due include any earned, unused vacation time © 2012 Office of Massachusetts Attorney General Martha Coakley

State Overtime M.G.L. c. 151, § 1A For most hourly and salaried employees: If work more than 40 hours a week, then paid 1.5 times regular hourly rate… Unless an exception applies, for example: Non-profit school or college Bona fide executive, administrative or professional person Etc. © 2012 Office of Massachusetts Attorney General Martha Coakley

Payroll Records M.G.L. c. 151, § 15 Right to inspect their payroll records at reasonable times and places Records must be kept for 2 years © 2012 Office of Massachusetts Attorney General Martha Coakley

Anti-retaliation M.G.L. c. 149, § 148A, M.G.L. c. 151, § 19 Employer may not punish for: Complaining about wage and hour violations Helping with an investigation © 2012 Office of Massachusetts Attorney General Martha Coakley

Right to Sue M.G.L. c. 149, § 150 Employee may sue to obtain owed wages If win in court, can receive three times the wages owed and cost of attorney fees © 2012 Office of Massachusetts Attorney General Martha Coakley

Resources AGO Fair Labor Division Hotline: (617) © 2012 Office of Massachusetts Attorney General Martha Coakley Department of Labor Standards (617) standards/dls/ Wage & Hour Division, U.S. Dept. of Labor (617)