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©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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Resources AGO Fair Labor Division Hotline: (617) 727-3465 www.mass.gov/ago © 2012 Office of Massachusetts Attorney General Martha Coakley Department of Labor Standards (617) 626-6975 www.mass.gov/lwd/labor- standards/dls/ Wage & Hour Division, U.S. Dept. of Labor (617) 624-6700 www.usdol.gov
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