Massachusetts Labor Law Guide 2026: Wages, Overtime, Breaks, and Leave

Massachusetts has one of the most detailed employment codes in the country and one of the harshest penalty regimes: the Wage Act awards automatic treble damages for late or unpaid wages, including a final paycheck that arrives a day late. The Attorney General's Fair Labor Division enforces the minimum wage, overtime, meal break, earned sick time, and wage payment laws, and the Department of Family and Medical Leave runs the state's paid leave program.

Minimum Wage in Massachusetts

Massachusetts' minimum wage is $15.00 per hour, where it has stood since January 1, 2023, with no increase scheduled. Tipped employees may be paid a $6.75 service rate if their tips bring them to $15.00 for each shift, and agricultural workers earn $8.00. The state does not allow cities or towns to set their own rate, and the law requires the state rate to stay at least $0.50 above the federal minimum.

For the service rate rules, the shift-by-shift tip calculation, and the history, see the Massachusetts minimum wage guide.

Overtime Rules

Massachusetts requires overtime at 1.5 times the regular rate for hours over 40 in a workweek under M.G.L. c. 151 § 1A. There is no daily overtime. The Sunday and holiday premium for retail workers, once 1.5 times, was phased out and ended on January 1, 2023. The state overtime law exempts about 20 categories that the FLSA does not, including employees of restaurants, hotels, gas stations, hospitals, and non-profit schools, but most of those employees are still owed overtime under federal law, so the practical rule is to apply whichever law covers the employee. The exempt salary floor for executive, administrative, and professional employees is the federal $684 per week.

Worked example at the minimum wage: an employee paid $15.00 works 45 hours. Regular pay is 40 hours at $15.00 ($600.00) plus 5 hours at $22.50 ($112.50), for $712.50 gross. The overtime calculator handles other rates, and our overtime pay laws in the US guide compares states.

Meal and Rest Breaks

Under M.G.L. c. 149 § 100, employees who work more than 6 hours in a calendar day must receive a 30-minute meal break during which they are free of all duties and free to leave the workplace. The break may be unpaid if the employee is fully relieved; an employee who is asked to stay on site or answer calls must be paid. Massachusetts does not require rest breaks, and the previous version of this guide was wrong to say it did.

Break type	Requirement	Applies to
Meal break	30 minutes for more than 6 hours in a day; duty-free and unpaid, or paid if the employee remains on duty	Most employees; the Attorney General may exempt certain industries
Rest break	Not required by state law; breaks under 20 minutes are paid if given	All employees
Minors	Same 30-minute meal rule plus child labor hour limits	Under 18

The Attorney General has cited large retailers millions of dollars for missed meal breaks, so scheduling the 30 minutes before the end of the sixth hour matters. The break time calculator shows the minimum breaks for any shift length, and our rest and meal break laws by state guide compares Massachusetts with its neighbors.

Paid Sick Leave and Other Leave

The Earned Sick Time Law (M.G.L. c. 149 § 148C) covers every employer. Employees accrue 1 hour of earned sick time for every 30 hours worked, up to 40 hours a year, may carry over up to 40 hours, and may begin using time 90 days after hire. Employers with 11 or more employees must provide the time paid; smaller employers may provide it unpaid. Leave covers the employee's or a family member's illness, medical appointments, and domestic violence matters, and since 2024 also covers pregnancy loss and failed reproductive procedures.

Leave type	Massachusetts rule
Earned sick time	1 hour per 30 hours worked, 40 hours a year, all employers; paid at 11 or more employees
Paid Family and Medical Leave	State program: up to 12 weeks of family leave, 20 weeks of medical leave, 26 weeks combined; maximum weekly benefit $1,230.39 and a 0.88 percent contribution rate in 2026, with employers of 25 or more paying a share; confirm current figures with the Department of Family and Medical Leave
Parental Leave Act	8 weeks of job-protected leave per child at employers with 6 or more employees
Small Necessities Leave	24 hours a year for school activities and elder care at employers with 50 or more employees
Jury duty	Employer pays regular wages for the first 3 days of service
Domestic violence leave	15 days a year, paid or unpaid, at employers with 50 or more employees
Military	Federal USERRA plus state protections

See paid sick leave laws in the US for a national comparison and jury duty laws in the US for court leave.

PTO Payout and Final Paychecks

The Wage Act, M.G.L. c. 149 § 148, states that "any employee discharged from such employment shall be paid in full on the day of his discharge." An employee who quits must be paid by the next regular payday or the following Saturday if there is no regular payday. Accrued, unused vacation is treated as wages and must be paid out at separation. The state Supreme Judicial Court held in 2022 that late payment triggers automatic treble damages even if the employer pays before a lawsuit is filed, so a final paycheck that is one day late costs three times the amount.

Our PTO payout laws by state guide lists Massachusetts among the states that require vacation payout.

Pay frequency: hourly employees must be paid weekly or biweekly, salaried employees at least semimonthly (monthly by written agreement), and wages must be paid within 6 days of the end of the pay period (7 days for some schedules). Pay statements must show hours, rate, and deductions, and deductions for cash shortages or damage are prohibited.

Exempt vs Non-Exempt Employees

Massachusetts applies the federal duties tests and the federal $684 per week salary floor for the executive, administrative, and professional exemptions. The state overtime statute's industry exemptions do not remove federal overtime rights, so classification requires checking both laws. Misclassifying an employee as an independent contractor is tested under the state's strict three-prong "ABC" test, one of the most demanding in the country. Our exempt vs non-exempt employees guide and the FLSA exemption flowchart cover the tests.

Child Labor Rules

Every minor under 18 needs a work permit from the school district where they live or attend school, and 14 and 15 year olds also need a physician's certificate of health. The Attorney General's child labor guidance sets the hours.

Age group	Hours limits	Hours of day
14 and 15	3 hours on a school day, 18 hours in a school week; 8 hours on a non-school day, 40 hours in a non-school week; 6 days a week	7 AM to 7 PM; until 9 PM from July 1 to Labor Day
16 and 17	9 hours a day, 48 hours a week, 6 days a week	6 AM to 10 PM on school nights; until 11:30 PM on non-school nights (midnight in restaurants and racetracks)
All minors	Adult supervision required after 8 PM; 30-minute meal break after 6 hours

See child labor laws in the US for the federal rules.

Other Massachusetts Employment Rules

• Pay transparency. Since October 29, 2025, employers with 25 or more employees must include the pay range in job postings and provide it to employees on request or at promotion; employers with 100 or more must file EEO wage data with the state.
• Non-competes. The 2018 Noncompetition Agreement Act limits non-competes to 12 months, requires garden leave or other consideration, and bars them for non-exempt employees and employees laid off without cause.
• Salary history. Employers may not ask applicants about salary history under the Equal Pay Act.
• CORI limits. Employers may not ask about criminal history on an initial application and face limits on using older records.
• Independent contractors. The ABC test presumes anyone providing services is an employee unless all three prongs are met.
• Tip pooling. Tips may be shared only among wait staff, service employees, and bartenders; managers may not participate.

Hiring, Termination, and Record-Keeping

Massachusetts is an at-will state with exceptions for discrimination, retaliation, and public policy. The anti-discrimination law, M.G.L. c. 151B, covers employers with 6 or more employees, and the Massachusetts Commission Against Discrimination enforces it. Employers with 6 or more employees must have a written sexual harassment policy.

Employers must keep payroll records for 3 years showing hours worked each day and week, wages, and earned sick time, must give employees a pay statement each payday, and must post the wage and hour, earned sick time, PFML, and anti-discrimination notices. Because the meal break is measured against a 6-hour day and the Wage Act penalties are automatic, punch-level records are essential; a time card calculator and a written timekeeping policy keep breaks and overtime defensible.

Frequently Asked Questions

Is Massachusetts an at-will state? Yes, with exceptions for discrimination, retaliation, and public policy.

Does Massachusetts require lunch breaks? Yes. Employees who work more than 6 hours in a day must receive a 30-minute duty-free meal break. Rest breaks are not required.

When is overtime paid in Massachusetts? After 40 hours in a workweek at 1.5 times the regular rate. The state law exempts some industries, but federal overtime usually still applies.

When is the final paycheck due in Massachusetts? On the day of discharge for a fired employee, and by the next regular payday for an employee who quits.

Does Massachusetts have paid sick leave? Yes. Employees accrue 1 hour per 30 hours worked up to 40 hours a year, paid at employers with 11 or more employees.

How many hours can a minor work in Massachusetts? 14 and 15 year olds are limited to 3 hours on a school day and 18 in a school week; 16 and 17 year olds may work 9 hours a day and 48 a week.

Does Massachusetts require pay ranges in job postings? Yes, for employers with 25 or more employees, since October 29, 2025.

Does Massachusetts pay out unused vacation? Yes. Accrued vacation is treated as wages and must be paid at separation.

Sources

• Mass.gov: Earned Sick Time
• M.G.L. c. 149 § 148: Payment of wages
• M.G.L. c. 149 § 148C: Earned sick time
• Mass.gov: Breaks and time off
• Mass.gov: Pay transparency in Massachusetts
• Mass.gov: Child labor laws poster
• US Department of Labor: State minimum wage laws