The Ins and Outs of Sunday and Holiday Premium Pay Per Massachusetts Blue Laws

Determining Sunday and Holiday Premium Pay Requirements Under Massachusetts Blue Laws

The Massachusetts Blue Laws contains specific requirements regarding pay for employees that work certain holidays or Sundays. In some circumstances, those laws require Massachusetts employers to pay certain Massachusetts employees extra, sometimes as much as time-and-a-half, for hours worked on certain holidays or Sundays.

does my massachusetts employer have to pay me extra or a premium when i work Sundays?

Yes, your Massachusetts employer must pay you a premium for work performed on Sundays but only if you work in certain types of retail establishments. What is and is not a retail establishment is not always clear but includes (1) a store or shop that sells retail goods, (2) the retail sale of tobacco products, soft drinks, confectioneries, baby foods, fresh fruit and fresh vegetables, dairy products and eggs, and the retail sale of poultry by the person who raises the same, and (3) the retail sale of drugs and medicines and the retail sale or rental of mechanical appliances prescribed by physicians or surgeons, and the retail sale of personal health and sanitary supplies. That first example could potentially cover a wide variety of establishments. Regardless, the Sunday pay requirement only applies to retail business that employee more than seven employees and does not apply to bona fide executive or administrative or professional persons earning more than two hundred dollars a week.

Can MY MASSACHUSETTS EMPLOYER force me to WORK SUNDAYS?

Massachusetts law prohibits retail employers with more than 7 employees from requiring employees to work Sundays. Massachusetts law also prohibits these employers from disciplining employees because they refuse to work Sundays.

how much extra does my massachusetts employer have to pay me when i work Sundays?

Assuming you are entitled Sunday pay (see above), your employer must pay you 1.3 times your regular rate during 2020, 1.2 times your regular rate during 2021, and 1.1 times your regular rate during 2022. The Sunday pay requirement will be phased out entirely on January 1, 2023.

does my massachusetts employer have to pay me extra or a premium when i work Holidays?

Yes, your Massachusetts employer must pay you a premium for work performed on the following holidays, but only if you work in a retail establishment: New Year’s Day (or the day following if it falls on a Sunday), Memorial Day, Juneteenth Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day (or the day following if it falls on a Sunday).

The obligation to pay a premium for work performed on Memorial Day, Juneteenth Independence Day, Independence, Day, Labor Day, Thanksgiving Day, and Christmas Day only applies to businesses with more than seven employees and does not apply to bona fide executive or administrative or professional persons earning more than two hundred dollars a week. The holiday premium pay requirement will be phased out on January 1, 2023 for these holidays.

Can MY MASSACHUSETTS EMPLOYER force me to WORK holidays?

Massachusetts law prohibits retail employers with more than 7 employees from requiring employees to work Independence Day, Veterans Day before 1 pm, Christmas Day (or the following day if falls on Sunday), Memorial Day, Labor Day, Columbus Day before 12 pm, and Thanksgiving Day. Massachusetts law also prohibits these employers from disciplining employees because they refuse to work these holidays.

Massachusetts law prohibits all retailers from requiring employees to work New Year’s Day, Veterans Day, and Columbus Day and prohibits these employers from disciplining employees because they refuse to work these holidays.

how much extra does my massachusetts employer have to pay me when i work holidays?

Assuming you are entitled holiday pay (see above), your employer must pay you 1.5 times your regular rate for work performed on New Year’s Day, Columbus Day, and Veterans Day. For Memorial Day, Juneteenth Independence Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, your employer must pay you 1.3 times your regular rate during 2020, 1.2 times your regular rate during 2021, and 1.1 times your regular rate during 2022. The holiday pay requirement for those holidays will be phased out entirely on January 1, 2023.

Are you an employee living in Pittsfield, Springfield, Worcester, Lowell, Fall River, New Bedford or the Cape?  Are you working Sundays or holidays without receiving extra pay?  Contact Steffans Legal today for a free consultation.

ADDITIONAL TOPICS IN MASSACHUSETTS AND FEDERAL WAGE AND HOUR LAWS

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