Massachusetts employment law compliance requirements

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

Employers with 11 or more employees must provide up to 40 hours of paid earned sick time per year, while smaller employers must provide unpaid sick time. Employees accrue 1 hour of sick time for every 30 hours worked, up to a maximum of 40 hours per year.

M.G.L. c. 149, § 148C · effective Jul 2015 · source

Provides paid, job-protected leave to eligible Massachusetts workers for family or medical reasons, funded by employer and employee contributions. Employers must display a poster and provide written notice to employees within 30 days of hire.

M.G.L. c. 175M, § 4 · effective Jan 2021 · source

Employers with 6 or more employees must have a written policy against sexual harassment. This policy must be distributed to all employees annually and to new employees upon hire.

M.G.L. c. 151B, § 3A · effective Nov 1996 · source

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

To be enforceable, non-compete agreements must be in writing, signed by both parties, and provide the employee with the right to consult counsel at least 10 business days before signing. They must also include a garden leave clause or other mutually agreed-upon consideration.

M.G.L. c. 149, § 24L · effective Oct 2018 · source

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

Involuntary terminated employees must be paid all earned wages, including accrued unused vacation time, on their final day of employment. Employees who resign must be paid in full on the next regular payday.

M.G.L. c. 149, § 148 · effective Jan 1992 · source

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

Massachusetts state minimum wage

M.G.L. c. 151 § 1 · effective Jan 2024

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Employers must pay employees 1.5 times their regular rate of pay for all hours worked over 40 hours in a workweek. Certain occupations and industries are exempt from this requirement under state law.

M.G.L. c. 151, § 1A · effective Jun 1961 · source

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

Employers must provide a 30-minute unpaid meal break to employees who work more than 6 hours in a calendar day. During this break, the employee must be completely relieved of all duties and free to leave the premises.

M.G.L. c. 149, § 100 · effective Jan 1974 · source

Employers are prohibited from seeking the wage or salary history of a job applicant from the applicant or their current/former employer. Employers may only seek salary history after an offer with compensation has been negotiated and made.

M.G.L. c. 149, § 105A(c) · effective Jul 2018 · source

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Employers are prohibited from requesting criminal record information on an initial written job application. Criminal history inquiries may only be made later in the hiring process.

M.G.L. c. 151B, § 4(9-1/2) · effective Nov 2010 · source

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990