Massachusetts Employment and Labor Laws

Keeping up with state employment and labor laws can substantially complicate compliance efforts. Here’s what employers in Massachusetts need to know.

Massachusetts approaches employment law with a strong emphasis on equity, transparency, and worker protections backed by detailed state regulations. From paid family leave and wage disclosure to non-compete limitations and workplace conduct policies, the state sets clear expectations that shape how employers support and manage their teams.

When it comes to talent and workforce management, Massachusetts-based employers need to comply with the following state employment laws: 

  • Pay transparency and equity
  • Final paychecks and PTO payouts
  • Paid leave and work breaks
  • Workplace health and safety
  • Anti-discrimination and harassment

The below information was last updated May 7, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.

Massachusetts Labor Laws 

A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.  

Central to US labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.
 

Is Massachusetts a Right-to-Work State? 

Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).

Massachusetts currently has no right-to-work laws or regulations. Although, under section 14(b) of the National Labor Relations Act (NLRA), Massachusetts can pass a right-to-work law in the future if it chooses.
 

Massachusetts Employment Laws 

Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.
 

Massachusetts Wage Laws 

Massachusetts Minimum Wage The state of Massachusetts uses its own minimum wage rate of $15.00, including a tipped minimum wage rate of $6.75 for employees who earn tips with their base pay.

Note: Massachusetts also has an $8.00 minimum wage rate for agricultural workers.

Massachusetts Overtime Pay Laws 

According to state law, overtime pay in Massachusetts is calculated at one and one-half times the employee’s regular pay rate for hours worked over forty in a week. The state also has premium pay requirements under its “Blue Laws” for certain retail employees working on Sundays and certain holidays.

Furthermore, employers must provide a day of rest, with at least 24 consecutive hours of rest, for every seven days of work. Note, certain industries must provide said day of rest on Sunday, and certain employee classifications are exempt from this requirement.
Massachusetts Pay Equity Law Under the Massachusetts Equal Pay Act (MEPA), all employers in the state may not pay an employee less than they pay an employee of a different gender who does comparable work.

The law defines “comparable work” as work performed under similar working conditions that requires substantially similar skill, effort, and responsibility.

Massachusetts Pay Transparency Law

In July 2024, Massachusetts passed the Massachusetts Wage Transparency Act and became one of 14 states (plus Washington D.C.) to have pay transparency laws.

Beginning October 29, 2025, the law also requires employers with 25 or more employees to disclose pay ranges in job postings and to employees upon request. Moreover, employers must annually submit a copy of their most recent EEO-1 data report to the Secretary of State by February 1.

Massachusetts Final Paycheck Law

In Massachusetts, employees who voluntarily resign from a job must receive their final paycheck by the next regular payday. However, involuntarily terminated employees must receive their final paycheck immediately. 

Massachusetts PTO Payout Laws

Massachusetts currently requires employers to pay terminating employees all earned, unused vacation time. It does, however, allow the use of "use-it-or-lose-it" policies if employers give employees adequate notice of the policy.  

 

Massachusetts Leave Laws

Massachusetts Paid Sick Leave (PSL) Employers with 11 or more employees must provide eligible employees with 40 hours of paid, protected sick leave under Massachusetts’ Earned Sick Time law. Eligible employees accrue one hour for every 30 hours worked.

Massachusetts Paid Family and Medical Leave (PFML)

Massachusetts is one of over a dozen states with a PFML program. Eligible employees may take up to 12-26 weeks of paid medical or family leave (depending on the reason for the leave).

All private employers doing business in the state must collect contributions. Medical leave contributions are split between employees and employers, while employees fund family leave contributions. Employers may, however, elect to cover any portion of the cost.  
Massachusetts Maternity Leave Massachusetts doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Employees typically rely on a separate type of employer-provided leave, the federal Family and Medical Leave Act (FMLA), or a state-mandated PFML program to obtain maternity leave. 

Massachusetts Voting Leave Law

Massachusetts currently has no voting leave laws or regulations. 

 

Massachusetts Workplace Health and Safety Management

All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).  

Massachusetts, however, also adopted and imposes additional, OSHA-approved regulations for public employees that meet or exceed those federal guidelines. Massachusetts’ State OSHA Plan is overseen by the Massachusetts Department of Labor Standards (DLS).
 

Massachusetts Work Break Laws

Massachusetts' state meal break law requires at least a 30-minute unpaid meal break if an employee works more than six hours in a calendar day.
 

Masssachusetts Harassment and Workplace Discrimination Laws

As described by the Massachusetts Labor Code 151B and enforced by the state’s Commission Against Discrimination, employers in Massachusetts are prohibited from discriminating against employees based on:

  • Race
  • Color
  • Religious Creed
  • National Origin
  • Sex
  • Gender Identity
  • Sexual Orientation
  • Age
  • Ancestry
  • Disability
  • Military Service

Massachusetts further requires employers to comply with specific anti-harassment mandates, also outlined in Labor Code 151B. Employers must, for example, annually provide all employees a written copy of the employer's policy against sexual harassment; provided, however, that new employees are also provided a copy at the time of their employment. 

Finally, the state also requires supervisory and managerial employees to complete training courses on specific responsibilities they have and methods they should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.
 

Other Massachusetts Employment Laws 

Massachusetts Non-Compete Agreement Laws

Massachusetts is one of several states that limits the use of non-compete agreements under its Noncompetition Agreement Act, which applies to agreements entered into on or after October 1, 2018.

To be enforceable, such agreements must (at a minimum):

  • be entered into at the commencement of employment or, if after commencement of employment, must be supported by additional consideration
  • be no broader than is necessary to protect the legitimate interests of the employer, including trade secrets, confidential information, and the employer's goodwill
  • not exceed a period of 12 months after the separation of employment (in most cases)
  • be reasonable in the geographic territory and scope of proscribed activities; and
  • be supported by a garden leave clause or other mutually agreed upon consideration. The agreement must provide payment on a pro-rata basis equal to at least 50% of the employee's highest annualized salary to constitute a garden leave clause

Massachusetts Retirement Plan Laws

Massachusetts is one of a handful of states with a mandatory retirement plan law. The Massachusetts CORE Plan was developed for employees of eligible, small non-profit organizations that choose to adopt it. Massachusetts non-profit organizations with 20 employees or fewer may be eligible.
Massachusetts Pre-Employment Inquiries Laws Massachusetts’ Ban the Box law extends privacy protections to potential employees applying for a job. Employers in the state are prohibited from asking questions on a job application about a candidate’s criminal history (with some exceptions) and aren’t allowed to ask candidates about arrests, detentions, or dispositions that did not result in a conviction.

Moreover, employers can’t ask candidates about misdemeanors older than three years, first convictions for certain types of misdemeanors, or any sealed or expunged criminal records.  
Massachusetts Lactation Laws The Massachusetts Pregnant Workers Fairness Act requires employers with six or more employees to provide all breastfeeding employees with reasonable break time and a space (other than a bathroom) to pump at work. Said lactation space must include electrical outlets, a table, and a place to sit.

This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor. 

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