©2012 Office of Massachusetts Attorney General Martha Coakley Massachusetts Wage and Hour and Child Labor Laws Barbara Dillon DeSouza, Assistant Attorney General 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

Attorney General’s Goals 1.Fairness to Workers 2.Fairness to Businesses 3.Protecting Revenue © 2012 Office of Massachusetts Attorney General Martha Coakley

Attorney General’s Role  Investigation of Wage Complaints Hotline calls (617) Written complaints Competitors Anonymous Unions and advocacy groups  Enforcement of Laws Civil Citation Criminal Prosecutions Other  Outreach and Education © 2012 Office of Massachusetts Attorney General Martha Coakley

Independent Contractor Law M.G.L. c 149, § 148B  Presumption: employee  Test: (3 parts) ◦ Free of direction and control, ◦ Outside usual business, and ◦ Independent business  Misclassification : ◦ Workers lose public benefits ◦ State loses revenue ◦ Competitive disadvantage for businesses  © 2012 Office of Massachusetts Attorney General Martha Coakley

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

Termination Pay M.G.L. c. 149, § 148  Employee fired, terminated or laid off: Paid in full on last day of work  Employee quits or resigns: Paid in full on next regular pay day  Wages include any earned vacation [not sick time] © 2012 Office of Massachusetts Attorney General Martha Coakley

Minimum Wage M.G.L. c. 151, §§ 1 & 2  In Massachusetts: $8.00 per hour  Federal: $7.25  Other States: Washington: $9.19 Oregon: $8.95 Connecticut, D.C., Illinois, Nevada: $8.25 Georgia, Wyoming: $5.15 © 2012 Office of Massachusetts Attorney General Martha Coakley

Restaurant and Service Employees  The service rate for “tipped employees” is $2.63 per hour  $8/hour minimum wage still applies: Pay + Tips must = $8.00 per hour  Employer makes up difference  Employer’s responsibility to document earnings © 2012 Office of Massachusetts Attorney General Martha Coakley

Tip Pooling M.G.L. c. 149, §152A  Tip pooling only if: Wait staff, service staff, or bartender  Managers and owners may not share or otherwise take a “cut”  “Service Charge” must be given to employees

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:  Restaurants  Hotels  Hospital or nursing homes  Gas stations  Drivers/helpers on truck © 2012 Office of Massachusetts Attorney General Martha Coakley

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

Meal Break M.G.L. c. 149, §§ 100 &101  30-minute break if more than 6 hours of work  Must be free to leave the workplace and free of responsibilities  Employee can give up the meal break voluntarily, but must be paid for time worked © 2012 Office of Massachusetts Attorney General Martha Coakley

Travel Time  Usually, travel between home and work is not paid  Travel time during a work day must be paid  Report to a different site: Paid all excess travel time and associated expenses © 2012 Office of Massachusetts Attorney General Martha Coakley

Reporting pay  When an employee: Is scheduled to work at least 3 hours, Reports to work on time, and Is not provided with the expected hours of work  The employee must be paid for at least 3 hours at no less than the minimum wage (but at regular rate for hours actually worked) © 2012 Office of Massachusetts Attorney General Martha Coakley

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

Lateness Deduction  Employers may only deduct the amount that would have been paid during the time the employee was late © 2012 Office of Massachusetts Attorney General Martha Coakley

Documentation with Pay  Employer must give a pay slip or paystub showing: Employer's name Employee's name Date, number of hours worked Hourly rate of pay Amounts of deductions or increases made for the pay period © 2012 Office of Massachusetts Attorney General Martha Coakley

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

Day of Rest M.G.L. c. 149, §§48-50  Most employers must allow a day of rest after 6 consecutive days of work  Day of rest = 24 consecutive hours to include an unbroken 8am-5pm period © 2012 Office of Massachusetts Attorney General Martha Coakley

Blue Laws/Premium Pay M.G.L. c. 136, §§ 6(50), 13 &16  Restrictions on business openings on Sundays and holidays (retail/non-retail):  MA Dept. of Labor Standards: (617) © 2012 Office of Massachusetts Attorney General Martha Coakley

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

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

Child Labor Laws: An Overview  Set minimum age for employment (14)  Restrict: The hours that minors may work The jobs and tasks that minors may perform  Set documentation requirements: Work permits Work schedules

©2012 Office of Massachusetts Attorney General Martha Coakley Prohibited Jobs/Tasks  Laws are in place to protect teens from working in dangerous jobs  Combination of state and federal laws – most protective laws apply  Breakdown: For teens under 16 years old For teens under 18 years old

©2012 Office of Massachusetts Attorney General Martha Coakley Prohibited Jobs/Tasks: Prohibited activities include:  Under 18 years: Driving a vehicle or forklift Operating, cleaning or repairing power-driven food/meat grinders, slicers or choppers Handling, serving or selling alcoholic beverages Using firearms  Under 16 years: Performing any baking activities Operating fryolators, rotisseries, NEICO broilers, or pressure cookers Operate power driven machinery (lawn mower/snow blower) Work in construction; work in warehouse

©2012 Office of Massachusetts Attorney General Martha Coakley More information about Prohibited Jobs/Tasks  The Massachusetts Guide for Working Teens  Child Labor Laws in MA poster  M.G.L. ch.149, §§ for a list of restrictions

©2012 Office of Massachusetts Attorney General Martha Coakley Allowable and Maximum Hours: 14 and 15 year olds  The time of day and number of hours a minor is permitted to work depends on whether or not school is in session During the summer (July 1-Labor Day): only between 7 a.m. & 9 p.m. During the school year: only between 7 a.m. & 7 p.m. (not during school hours)  See Child Labor Laws poster and M.G.L. ch. 149, §§ for restrictions

©2012 Office of Massachusetts Attorney General Martha Coakley Allowable and Maximum Hours: 16 and 17 year olds  The time of day a minor is permitted to work depends on whether the work is performed on a day or night preceding a regularly scheduled school day  The maximum number of hours is also regulated  See Child Labor Laws poster and M.G.L. ch. 149, §§ for a list of restrictions.

©2012 Office of Massachusetts Attorney General Martha Coakley Work Permits  A single application and permit process for all workers aged  ALL teens under 18 must: Complete a work permit application Obtain a work permit before starting a new job  Employers must keep permits on file

©2012 Office of Massachusetts Attorney General Martha Coakley Work Permits  Permits are distributed by superintendents. Applications are available on the Department of Labor Standards website: standards/dls/youth-employment/  Permits can be filled out by Superintendent (or designee) in the town where the teen either resides OR goes to school

©2012 Office of Massachusetts Attorney General Martha Coakley Schedule Posting Requirements  Employer must post: # of hours minor is required/permitted to work on each day; The total hours for the week; The hours commencing and stopping work; The hours when the time allowed for meals begins and ends for each day

©2012 Office of Massachusetts Attorney General Martha Coakley Schedule changes  Minor cannot work any time that is not posted on the schedule  Schedule cannot change after the beginning of work on the first day of work week

Supervision  After 8pm, all minors must be directly supervised by an adult who is located in the workplace and who is accessible ©2012 Office of Massachusetts Attorney General Martha Coakley

Resources AGO Fair Labor Division Hotline: (617) © 2012 Office of Massachusetts Attorney General Martha Coakley Workers’ Compensation (800) x Department of Labor Standards (617) standards/dls/ Wage & Hour Division, U.S. Dept. of Labor (617) OSHA (617)