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MA Employment Law (Workplace/Coworkers) Questions and Answers

Welcome to our Massachusetts Employment Law Forum. Feel free to post questions, answers, or comments about hiring, firing, workplace policies, and other MA employment and labor law issues.  If you need professional legal advice, please use our Attorney Directory to find a MA employment attorney.

Have a question? Use our SEARCH feature, below, to find your answer.  For example, if you have a question about employee rights under MA law, simply enter one or two key words, such as: employee rights

Massachusetts Employment Law Basics

Before we get to the forum, we’d like to present some basic information about employment law in Massachusetts. As with some of the other topics covered in our various forums, employment law is a very broad subject that involves many topics, including wages, overtime, child labor laws, employee rights, and employment discrimination. As you read this synopsis, if you see terms you do not understand or that you would like more information about, just use our search tool to find more in-depth discussions.

The first broad area of labor and employment law, perhaps the one that is of interest to the greatest number of our readers, is employee rights regarding wages and time worked. If you use our search tool, you will find many questions and answers dealing with overtime pay, the minimum wage, tips, holiday pay, meal breaks, etc. Those who live and work in Massachusetts can also avail themselves of many government sponsored resources. There are numerous government websites dealing with employee rights, and the Attorney General has a Hotline that MA residents can call to get information about their rights on the job. (617-727-3465).

In other threads on this forum, readers will find detailed discussions on the difference between at-will employment and contract employment, and how those two broad categories of employment are treated differently under MA law. This is a key distinction because, with many exceptions (also discussed in the forum) employers are free to terminate at will employees for any legal and non-discriminatory reason. Contract and union employees, on the other hand, can only be terminated for certain, specified reasons.

Finally, readers will find a good deal of information about various types of employment discrimination. It is common for workers in Massachusetts to believe they have been treated unfairly, or even fired, because of their age, ethnicity, gender, or just because they did or refused to do something on the job. Believing you have been treated unfairly, however, and actually proving in a court that your employer violated the law are two very different things. Hopefully, readers will find sufficient information on these pages to help them assess their situation and determine whether they should contact an attorney.

Good luck in your search for legal information, and please let us know what you think about The Forum.

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TopicRepliesCreatedLast replysort icon
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by chloe
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1 3 weeks 2 days ago
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by Kevin M. Kinne
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0 3 weeks 3 days ago
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by Ditzie
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1 4 weeks 6 days ago
by Aspen emp
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by BlitzGraybeard
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1 4 weeks 3 days ago
by EBvikings
4 weeks 23 hours ago
by Kevin M. Kinne
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1 5 weeks 23 hours ago
by hardwork
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by Kevin M. Kinne
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0 5 weeks 4 days ago
by yankees24770
Last Paycheck Upon Termination/Discussing Wages
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0 6 weeks 2 days ago
by drivingfaster
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1 12 weeks 4 days ago
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0 6 weeks 4 days ago
by JAllen
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0 6 weeks 5 days ago
by Jbrown788
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0 7 weeks 22 hours ago
by bbjornson55
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1 15 weeks 1 day ago
by melissa1989
7 weeks 2 days ago
by Alan D. Meyerson
Colelcting UI with a severance
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0 7 weeks 3 days ago
by ykdmma
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by pmbell
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0 7 weeks 5 days ago
by xmaystarx
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0 8 weeks 2 days ago
by clairebear724
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0 9 weeks 4 days ago
by jazzman2
flat rate pay questions
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1 12 weeks 1 day ago
by jamesjanusz
9 weeks 5 days ago
by Alan D. Meyerson
PLEASE ANSWER - Can I be terminated for calling out sick with a doctors note? (Retail Holiday Work)
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1 9 weeks 6 days ago
by Sick with a note
9 weeks 5 days ago
by Alan D. Meyerson
Hourly rate for vacation
My workplace has an accrual vacation time system (1.5 days per month) - I recently received a raise. I was told that my vacation time earned prior to ...
0 10 weeks 4 days ago
by draughtash
Standard practice for lunch break
It is standard practice at my place of employment to take a hour lunch break even though technically the policy is 30 minutes unpaid. I just returned ...
0 11 weeks 3 days ago
by Kimberlylynn
days off from work after 42 hours in 5 days
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1 11 weeks 4 days ago
by joesmo
11 weeks 3 days ago
by Alan D. Meyerson
Salon owner cuts hours no notice
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0 11 weeks 5 days ago
by Devieluc
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0 11 weeks 5 days ago
by daniel mcgrath
Must MA employers give paid sick time?
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3 1 year 1 week ago
by SueNT
11 weeks 6 days ago
by Alan D. Meyerson
Overtime Pay Rules
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3 13 weeks 6 days ago
by JD02121
13 weeks 3 days ago
by Alan D. Meyerson
Is it legal for my employer to dock an hour pay for being 1 minute late? I get paid by hour. For example I'm scheduled for 7 am come in at 7:01 am. I ...
2 13 weeks 3 days ago
by anthony413
13 weeks 3 days ago
by Alan D. Meyerson
"Day pay" for salaried employee.
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0 13 weeks 3 days ago
by hbrady
performance evaluation & retroactive pay
My performance evaluation was given 3 months late by my boss, i got a good review and am due a raise. my question is does my company have to pay me ba...
0 13 weeks 4 days ago
by close shave
Full time
My employer has notified us that they have looked into the law of full time workers and full time officially starts with 30 hours a week so therefore ...
1 15 weeks 1 day ago
by Prettyunique90
15 weeks 21 hours ago
by Alan D. Meyerson
My employer has no proper leave policy
My employer only say, we have "open leave policy". And it also says, its just require approval from the management. It never says, how many number of ...
0 15 weeks 4 days ago
by simonos
Paid Training
My daughter started a job last week at a small family owned business. She trained for the customer service position for approximately 2.5 hours. They ...
0 15 weeks 6 days ago
by maddy6427
Ma required mileage reimbursement
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0 16 weeks 4 days ago
by gateman7
Can employer underpay me if I'm late for work?
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2 16 weeks 5 days ago
by amanda21
16 weeks 4 days ago
by Rob Fortgang
Nanny Wage Laws
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0 16 weeks 5 days ago
by HELP123
Server wage deduction
Can a restaurant manager force a server to pay for a mistake they made? For instance, food that was rung into the computer system incorrectly or sent ...
1 17 weeks 1 day ago
by Emphaff
17 weeks 23 hours ago
by Alan D. Meyerson
Forced to come in early, need clarifaction.
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0 17 weeks 2 days ago
by Okktral
Transfer of significant distance
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0 18 weeks 3 days ago
by VermillionDe
Employee sent home midshift
If my boss sent me home in the middle of my shift and I don't have any vacation time/sick days left will I still get paid for the entire day?
1 18 weeks 6 days ago
by Craftypatty
18 weeks 6 days ago
by The Editor
Confirming employment
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0 18 weeks 6 days ago
by Freegirl14
Laid Off with no Annual Review
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0 19 weeks 17 hours ago
by myright
Paid Breaks
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2 19 weeks 4 days ago
by galfriday66
19 weeks 4 days ago
by Rob Fortgang
MA freelancer law
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0 20 weeks 16 hours ago
by Writer1
Collecting back overtime question
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2 20 weeks 5 days ago
by bostongirl33
20 weeks 4 days ago
by bostongirl33
Can I be fired for running for political office?
If I run for a local or state office that is not a full time job/commitment, can my employer fire me even thought I have stellar performance?
1 20 weeks 5 days ago
by bigsauce
20 weeks 4 days ago
by The Editor
Mandated flu vaccine at work
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1 21 weeks 3 days ago
by Smc0615
21 weeks 3 days ago
by The Editor
violation of smoke free work place
I work at a nursing home where patients are allowed to smoke outside with CNA lighting their cigaretes for them. It used to be that CNA's who smoke to...
1 21 weeks 5 days ago
by redwindsor
21 weeks 4 days ago
by The Editor
Limitations on use of vacation time in Massachusetts
I just went back to work after being on vacation for 1 week. I was told by my boss that I cannot take a week at a time anymore because she was too tir...
1 21 weeks 6 days ago
by 2twins2
21 weeks 5 days ago
by The Editor
Sole Proprietor Prevailing Wage
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1 21 weeks 6 days ago
by ConstantContract
21 weeks 6 days ago
by The Editor
Travel reimbursed by employer for remote employee
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1 22 weeks 23 hours ago
by kristinawoessner
22 weeks 21 hours ago
by The Editor
Dangerous Parking Situation @ Work
I work at a dealership and they are requiring us to park across the street in a lot then cross a busy 2 lane state highway to get to work each morning...
1 22 weeks 23 hours ago
by redbull111
22 weeks 21 hours ago
by The Editor
Workplace Closing so no severance package?
I was recently informed my company is moving the product line we make to an another existing facility. As my company no longer needs the plant site, t...
2 22 weeks 3 days ago
by employmentlaw101
22 weeks 1 day ago
by Kevin M. Kinne
Monetary review
Question: I have been employed at the company I work for, for two years. June 16th 2014 makes my second year. The policy of the company is to give you...
1 25 weeks 5 days ago
by shaeed Hall
22 weeks 1 day ago
by Alan D. Meyerson
No pay after resigning
I quit my job August 1st, I should have recieved my pay check on the 8th, they told me they mailed it on the 6th, but I have yet to recieve anything T...
1 23 weeks 6 days ago
by cedrick
22 weeks 1 day ago
by Alan D. Meyerson
husband suspended from work for a week with NO warnings
Two weeks ago my husband was suspended from work for 3 12 hour shifts (basically a week of work) with NO, zero, written or verbal warning ever given t...
1 22 weeks 2 days ago
by concerned wife
22 weeks 1 day ago
by Alan D. Meyerson
promotion discrimination based on race or ethnicity in MA?
I have been working for this company as an assistant house manager in a group home for over seven years. When i got hired the guy who is my current bo...
1 23 weeks 21 hours ago
by mankind
23 weeks 19 hours ago
by The Editor
Required contents of employee records?
Less than a year ago, I, along with the entire salesforce, was laid off by a MA-based pharma company, with very little notice. I requested my full emp...
1 23 weeks 1 day ago
by GCS
23 weeks 20 hours ago
by The Editor
Unemployment benefits when job relocates
I was informed my job would be relocating to a city that is too far for me to travel. I am currently a full time employee (40hr).I have been looking f...
0 23 weeks 1 day ago
Unfair treatment and no action from HR
A recent complaint was logged with HR about my boss which everyone in the department has to speak with HR about. The complaint came from an anonymous ...
0 24 weeks 22 hours ago
by ehackett
Employer not scheduling employee to work at all
I was just wondering if not scheduling an employee is illegal in Massachusetts. My employer hasn't put me on the schedule for this upcoming week at al...
1 24 weeks 2 days ago
by cupcakee
24 weeks 1 day ago
by The Editor
Employer refuses days off, overtime pay, or use of vacation time.
I have worked for the same company for nine years now. I started at the bottom as a customer service rep and worked my way up to now being an assistan...
1 24 weeks 5 days ago
by krisbl19
24 weeks 5 days ago
by Attorney Hennessey
Employee records
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0 24 weeks 5 days ago
by GCS
Paid Time off Cap
My employer has a fairly generous time off policy, however, they do cap it. Once I reach 552 hours of PTO, I will stop accruing until I use some. I am...
1 25 weeks 3 days ago
by Jfaudree
25 weeks 3 days ago
by The Editor
Forced resignation after action plan
Recently at my job I was told that I needed and action plan in place to bring up my scores because they were low. After writing an action plan and hav...
0 25 weeks 3 days ago
by Rmp7943
Employee rights to Personal file after termination?
Do I have rights to a copy of my personal work file if I have been let go?
2 25 weeks 5 days ago
by zoey234
25 weeks 4 days ago
by zoey234
FMLA with employers having less than 50 employees
AM I covered under FMLA if my Massachusetts private employer has less than 50 employees? I have an ADA disability
2 25 weeks 5 days ago
by Marley100
25 weeks 5 days ago
by Alan D. Meyerson
Can a company pay out different percentage commission structure to employees?
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0 25 weeks 6 days ago
by intricatefool
Can employer limit cash value of vacation days upon resignation?
I have resigned a position, I know that I need to be paid for unpaid vacation days, but there was a clause in my contract limiting to $55 per day as a...
2 30 weeks 1 day ago
by johnmteach
26 weeks 14 hours ago
by johnmteach
Exempt Overtime Question
I am a 59 year old woman working 50-60 hours a week as a counter attendant in a small café in Massachusetts. I am not being paid overtime. The ca...
1 26 weeks 1 day ago
by cynbrown5
26 weeks 22 hours ago
by Kevin M. Kinne
1099 employee access to personnel file
If someone is a standard employee for a company, I understand there are rules about maintaining personnel files, notifications, and allowing access. D...
1 26 weeks 1 day ago
by mottconcord
26 weeks 1 day ago
by Kevin M. Kinne
Hours reduced
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1 26 weeks 6 days ago
by anabelle21098
26 weeks 6 days ago
by The Editor
Improper uniform deductions reimbursement?
I turned my uniforms in over 6 months ago, but my company never stopped my paycheck deduction. Am I entitled to reimbursement of these funds? Yes, I s...
1 27 weeks 22 hours ago
by chasure
26 weeks 6 days ago
by The Editor
Performance Evaluation Duspute
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2 2 years 42 weeks ago
by Fitzme
27 weeks 20 hours ago
by The Editor
Employee rights re bad Performance Review
My 2012 performance review was better than my 2013 review, even though in 2012 I handled less projects than in 2013. My manager made a point of noting...
1 27 weeks 1 day ago
by JobAdvice29
27 weeks 20 hours ago
by The Editor
CBHI and Fee for Service worker violations
I resigned recently from working with a Boston based non profit that contracts with the state. This agency provided services under Children's Behavior...
2 27 weeks 1 day ago
by prettyjaded
27 weeks 23 hours ago
by The Editor
Termination of employee with contract
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0 27 weeks 1 day ago
by cmabikes
Medical time off for someone not covered by FMLA
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1 27 weeks 3 days ago
by Ruth R. Faris LICSW
27 weeks 3 days ago
by The Editor
Permanent non-compete clause enforceable?
I am working as an hourly contractor who works for a third party company. My "agreement" (contract) has a non-compete section. The company I provide s...
1 28 weeks 6 days ago
by sarah777
27 weeks 6 days ago
by Alan D. Meyerson
On call and holiday pay
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0 28 weeks 14 hours ago
by employee1
Financial background check - can bad credit influence hiring decision?
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2 28 weeks 6 days ago
by sarah777
28 weeks 1 day ago
by Attorney Hennessey
Number of max vacation days decreased but no compensation.
A friend suggested I check this out. I work for a non-profit college. Two years ago they decrease our max number of vacation days from 25 to 20 ...
1 29 weeks 22 hours ago
by mmvk
28 weeks 6 days ago
by admin
Losing my earned vacation time
Hi, I am an exempt, non-union, full time employee at a non-profit healthcare organisation. When I first started this job there was no limit on how ...
1 1 year 32 weeks ago
by bananamonkey
29 weeks 1 day ago
by Alan D. Meyerson
Employee not given any hours but not fired?
my daughters place of employment has continuously cut her hours at work and has failed to schedule her for any days this week. Is that legal and how l...
1 29 weeks 4 days ago
by sbauer12
29 weeks 4 days ago
by Alan D. Meyerson
Working 7days a week for a year and a half w/no time off
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2 31 weeks 4 days ago
by crmsnldy
29 weeks 4 days ago
by Alan D. Meyerson
Illegally withholding commissions and bonuses?
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1 29 weeks 4 days ago
by Titan1
29 weeks 4 days ago
by Attorney Hennessey
Background Check Limits - Mass
Hi, I have a few out of state misdemeanor convictions. They are all over 10 years old. Will this cause me to fail a background check in Massachu...
1 29 weeks 5 days ago
by acs
29 weeks 5 days ago
by The Editor
Intern needs help
I have been an un-paid M.A. intern at a chiropractic office since early April, up untill a few days ago, I was told by Staff and patients alike that I...
5 31 weeks 2 days ago
by Skyrose
30 weeks 6 days ago
by The Editor
Vacation pay after I leave job
I have been with my company 10 years and every year I get 2 weeks paid vacation and am required to take it the first 2 weeks of August because that is...
0 31 weeks 3 days ago
by Caleighwill2010
Unemployment benefits after job training?
I just started a new job, I actually had one week of training, and they won't have an open slot for me until after four weeks. Am I able to collect Un...
0 31 weeks 4 days ago
by NewBaby14
Forced to take calls while on vacation
I have an approved vaction.  I was assigned two call shifts during vacation.  Is this legal?
1 31 weeks 5 days ago
by patrick
31 weeks 4 days ago
by Rob Fortgang
Illegal working conditions (too hot) in MA restaurants?
If you work in a fast food restaurant in ma and they want you to wear black long plants, shirt, apron, cap and shoes and there is no air conditioning,...
1 31 weeks 5 days ago
by twitter123
31 weeks 5 days ago
by The Editor
Can employer refuse to let me go home sick?
Can an employer deny an employee's request to go home sick, or make them wait for a replacement worker to arrive?
2 31 weeks 6 days ago
by jclutie79
31 weeks 5 days ago
by Rob Fortgang
Earned Bonus Withheld after Resignation - Commissioned Employee
My friend had a sales job which was paid on base plus commission. She earned a 'bonus' that was based directly on how much she sold. She accepted a ne...
2 32 weeks 45 min ago
by patsfan89
31 weeks 6 days ago
by Attorney John Davis
Forced overtime when late for work
Hello, My question is this-Recently my job has instituted a new rule. If you are late more than 4 times. You will be required to work an extra Saturda...
4 32 weeks 1 day ago
by sharshar14
32 weeks 10 hours ago
by sharshar14
Employer withholding half of my accrued earned time following termination
I apologize if this has been answered before, but when I searched the forums I did not seem to see this brought up or answered. I provided my current ...
2 33 weeks 5 days ago
by benzinoxrf
32 weeks 5 days ago
by benzinoxrf

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