Massachusetts Employment Law — full calculator

Frequently Asked Questions

• What are Massachusetts's overtime rules?

  Massachusetts requires employers to pay non-exempt employees 1.5 times their regular hourly rate for all hours worked beyond 40 in a workweek (MGL c.151 §1A). There is no daily overtime threshold. Massachusetts's strict ABC independent-contractor test (MGL c.149 §148B) means more workers qualify as employees — and therefore for overtime — than under the federal FLSA.

• When must a Massachusetts employer issue a final paycheck?

  Under MGL c.149 §148, employees who are fired or laid off must receive their full final paycheck on the same day their employment ends. Employees who quit voluntarily must be paid by the next regular payday. Accrued, unused vacation pay must be included. Late payments expose employers to treble (3×) damages plus attorney fees under MGL c.149 §150.

• Are non-compete agreements enforceable in Massachusetts?

  Non-competes can be enforceable in Massachusetts under the 2018 Noncompetition Agreement Act (MGL c.149 §24L), but only if they include a garden-leave clause paying at least 50% of the employee's highest annualized base salary during the restricted period, are limited to 1 year, and are provided at least 10 business days before the start of employment. Non-exempt hourly workers, students, interns, minors, and employees laid off without cause are categorically exempt.

• What meal and rest breaks does Massachusetts law require?

  Massachusetts requires a 30-minute unpaid meal break for any shift longer than 6 hours (MGL c.149 §100). Massachusetts does not mandate paid 10-minute rest breaks. Employers must also provide workers with at least one full day of rest per 7-day period (MGL c.149 §§48–50). The federal FLSA has no meal-break requirement.

• What does Massachusetts's earned sick time law require?

  Under MGL c.149 §148C, employees earn 1 hour of sick time for every 30 hours worked, up to 40 hours per year. Employers with 11 or more employees must provide paid sick time; smaller employers provide unpaid sick time. Up to 40 hours carry over from one year to the next. The federal FLSA has no sick-leave mandate.

• What is the minimum wage in Massachusetts in 2026?

  The Massachusetts minimum wage is $15.00 per hour as of January 1, 2023 — well above the federal FLSA floor of $7.25/hr. Tipped employees earn a service rate of $6.75 per hour; employers must top up total compensation to $15.00/hr if a tipped worker's wages plus tips fall short. Massachusetts voters rejected Ballot Question 5 in November 2024, preserving the $6.75/hr service rate through 2026 and beyond.

• What is Massachusetts's ABC independent-contractor test?

  Under MGL c.149 §148B, a worker is presumed to be an employee unless the employer proves all three prongs: (A) the worker is free from control in performing the service; (B) the service is outside the usual course of the employer's business; and (C) the worker is customarily engaged in an independently established trade or business. Workers who fail this test are employees entitled to overtime, minimum wage, sick leave, and other protections.

• Does Massachusetts have a Sunday premium pay requirement?

  No. Massachusetts eliminated the Sunday premium pay requirement for retail workers on January 1, 2023. Before that date, certain retailers were required to pay 1.25× for Sunday shifts. As of 2026, Sunday hours are treated identically to weekday hours — overtime applies only when total weekly hours exceed 40.

• What are the penalties for violating Massachusetts wage laws?

  Under MGL c.149 §150, employees who prevail in a wage claim are entitled to treble (3×) damages on the unpaid amount, plus reasonable attorney fees and litigation costs. This applies to violations of minimum wage, overtime, final paycheck, and sick-leave laws. The Massachusetts Attorney General's Fair Labor Division also investigates and enforces wage complaints.

• How long do I have to file a wage claim in Massachusetts?

  The statute of limitations for private wage claims in Massachusetts is 3 years from the date the wages were due (MGL c.149 §150). This applies to overtime, final paycheck, sick leave, and minimum wage violations. The 3-year window is longer than the federal FLSA's 2-year limitations period (3 years for willful violations).