Massachusetts Labor Guidance
Free plain-English summaries of opinion letters, administrative policies, and interpretive notices from Massachusetts's labor agency, with the current status and the official source on every page.
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Time-and-attendance recordkeeping requirements apply to exempt employees too
An employer asked DLS whether Massachusetts wage-and-hour law permits using a time-and-attendance tracking system for employees who are exempt from overtime. DLS explained the state's recordkeeping st…
Federal fixed-schedule recordkeeping shortcut is permissible under state law too
An employer asked whether Massachusetts wage-hour law recognizes the federal "fixed schedule exception," which lets employers keep a schedule-based record of hours instead of logging exact hours worke…
On-call pager time away from a hotel worksite isn't covered by the on-call-at-worksite rule
A hotel asked whether the on-call regulation requiring at least four hours' pay per night for on-call workers (455 C.M.R. §2.03(1)(b)) applies to maintenance workers who carry a pager after their shif…
The three-hour reporting-pay rule applies to short off-schedule interviews and meetings too
An employer asked whether the "reporting pay" three-hour rule (455 C.M.R. §2.03(1)(a)) applies when it calls an employee in on a day off, or outside normal hours, for a workplace interview or meeting,…
The three-hour reporting-pay rule doesn't apply to a regularly-scheduled short on-call shift
An HVAC company asked whether the "three-hour rule" (455 C.M.R. §2.03(1)(a)) requires paying an on-call technician for three hours when a call-in repair takes only one hour to complete. DLS explained …
A lower hourly rate for identical work in overtime hours is not permitted
An employer and union were considering letting regular full-time bargaining-unit employees pick up seasonal overtime work at the lower seasonal-employee rate ($8.50/hour) instead of their normal $13.6…
Overtime for mixed prevailing-wage/private jobs uses a full-week weighted average
An employer asked DLS to recalculate how overtime pay is figured for employees who work both prevailing-wage and non-prevailing-wage jobs for the same employer in a single week. DLS announced this let…
Employers may agree to regular part-time shifts under three hours, paid hour-for-hour
A vocational agency serving clients with traumatic brain injuries, some of whom can work only two hours a day, asked whether the regulation requiring at least three hours' pay whenever an employee rep…
Tip pooling, service charges, and payroll-record changes under the 2004 Wage Act amendments
This Advisory from the Attorney General's Fair Labor Division explains "An Act Protecting the Wages and Tips of Certain Employees," signed into law June 10, 2004. It defines which workers (wait staff,…
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These are official interpretive documents from Massachusetts's labor agency: opinion letters answering questions from employers and workers, administrative policies, and interpretive notices. They show how the agency applies wage-and-hour and workplace law to real situations, but they are guidance, not statutes or court decisions, and the agency can supersede or withdraw them. Every page above shows the document's current status, when that status was last verified, and a link to the official source.