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Current Legislation in Massachusetts

Click on a bill number below to get information on the bill

General Court of the Commonwealth of Massachusetts: https://malegislature.gov/

HB 1612 - An Act Creating a Youth Minimum Wage

This measure is relative to the payment of wages for persons under 18 years of age who work less than 20 per week.

It would be against public policy for any employer to employ any person in an occupation in this commonwealth at an oppressive and unreasonable wage as defined in section two, and any contract, agreement or understanding for or in relation to such employment shall be null and void. A wage of less than $9.00 per hour, in any occupation, as defined in this chapter, shall conclusively be presumed to be oppressive and unreasonable, wherever the term ''minimum wage'' is used in this chapter, unless the commissioner has expressly approved or shall expressly approve the establishment and payment of a lesser wage under the provisions of sections seven and nine. Notwithstanding the provisions of this section, in no case shall the minimum wage rate be less than $.50 higher than the effective federal minimum rate. This shall not apply to workers under 18 years of age who work less than 20 per week. For said workers under the age of 18 who work less than 20 hours per week the federal minimum wage pursuant to 29 U.S.C. § 206 shall apply.


HB 1617 - An Act Requiring One Fair Wage

This measure would require one fair wage.
Effective January 1, 2022, in determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $6.45; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.
Effective January 1, 2023, in determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $7.95; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1.
Effective January 1, 2024, In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $9.45; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1.
Effective January 1, 2025, In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $10.95; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1.
Effective January 1, 2026, In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $12.45; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference additional amount on account of tips may not exceed the value of the tips actually received by an employee.
Effective January 1, 2027, In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $13.95; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1.

This measure is relative to minor minimum wage.
Specifically, employers may be exempted from the prevailing minimum wage and shall instead pay the following figure: $11 if the employee is as follows; i) no older than 18 years old; ii) employed for no more than 90 calendar days after the start of employment.

HB 1665 - An Act to Clarify the Tips Law

This measure would clarify the tips law.
Specifically, this measure defines “wait staff employee”, as a person, including a waiter, waitress, bus person, person in a quick service restaurant who prepares or serves food or beverages as part of a team of counter staff or other counter employees who:
(1) serves beverages or prepared food directly to patrons, or who clears patrons’ tables;
(2) works in a restaurant, banquet facility, or other place where prepared food or beverages are served; and
(3) who has no managerial responsibility during a day in which the person serves beverages or prepared food or clears patrons’ tables.

This measure is relative to wages paid to persons under eighteen years of age.
A wage which is lower than the minimum wage by more than 20%, in any occupation, shall conclusively be presumed to be oppressive and unreasonable, unless the commissioner has expressly approved or shall expressly approve the establishment and payment of a lesser wage under the provisions of sections seven and nine.

This measure is relative to employee compensation.
Any employer paying wages to an employee by any means other than check or draft must make check or draft options available for the paid wages without charge by deduction from the face amount thereof or otherwise.

This measure concerns the payment of wages.
Specifically, every person having employees in his service shall pay weekly, bi-weekly or semi-monthly each such employee the wages earned by him to within six days of the termination of the pay period during which the wages were earned if employed for five or six days in a calendar week.

HB 3610 - An Act Creating A Training Wage

This measure establishes a Training Wage.
More specifically this measure sets that during the first 480 hour period of employment, training period, a wage that is below $10.00 per hour, in any occupation, during a training period, shall conclusively be presumed to be oppressive and unreasonable, unless the commissioner has expressly approved or shall expressly approve the establishment and payment of a lesser wage.

HB 3727 - An Act Relative to the Safety of Mobile Amusement Equipment

This measure requires any amusement device powered by electricity that is sold in the primary or secondary market to be equipped, updated, or retrofitted to meet today’s safety standards for amusement devices before it may be operated by the purchaser for use by the general public.

This measure also requires all amusement devices using centripetal or centrifugal force, regardless of the age of the device, to have a modern passenger safety restraint system in place that secures the passenger to the interior of the amusement device’s carriage, cage, seat, enclosure, or internal structure to prevent injury to the passenger in the event of a loss of consciousness or physical ability during the operation of the amusement device. No amusement device using centripetal or centrifugal force in its operation that fails to contain such a passenger safety restraint system will be certified or allowed to operate for entertainment purposes by the general public.

NEAAPA and OABA representatives testified in opposition to this bill during a hearing on October 22, 2019. NEAAPA, IAAPA, and OABA continue to work on the language of this bill with legislators on the committee.


HB 3809 - An Act Relative To The Scheduling Of Employees

This measure is relative to the scheduling of employees.
Upon hiring an employee, a covered employer shall provide such employee with a written, good faith estimate of the employee’s work schedule. The employer shall revise the good faith estimate when there is a significant change to the employee’s work schedule due to changes in the employee’s availability or to the employer’s business needs. The good faith estimate is not a contractual offer binding the employer, provided, however, that an estimate made without a good faith basis shall be a violation of this section. The good faith estimate shall contain:
(i) the average number of work hours the employee can expect to work each week;

(ii) whether the employee can expect to work any on-call shifts; and

(iii) a subset of days and a subset of times or shifts that the employee can expect to work, or days of the week and times or shifts on which the employee will not be scheduled to work.

At the time of hire and during employment, the employee has the right to make work schedule requests of a covered employer. The requests protected under this section include, but are not limited to:

(i) requests not to be scheduled for work shifts during certain days or times or at certain locations;

(ii) requests not to work on-call shifts;

(iii) requests for certain hours, days, or locations of work; and

(iv) requests for more or fewer work hours. The covered employer is encouraged to engage in an interactive process to discuss such employee requests, but may grant or deny the request for any reason that is not unlawful.

On or before the commencement of employment, a covered employer shall provide the employee with a written work schedule that runs through the last date of the currently posted schedule. Thereafter, an employer shall provide written notice of work hours no later than 14 days before the first day of any new schedule. Nothing in this section shall be construed to prohibit a covered employer from providing greater advance notice of employee’s work schedules or changes in schedules than the notice period required by this section. An employer who fails to post a written work schedule at least 14 calendar days before the first day of the work schedule shall compensate each employee in the amount of $75 per day that the schedule is not posted.

Written notice of the work schedule shall be provided by posting the work schedule in a conspicuous place at the workplace that is readily accessible and visible to all employees and transmitting the posted work schedule to each employee. Such transmission may be done electronically if electronic means are regularly used to communicate scheduling information to employees. The posted work schedule shall include the shifts of all current employees at that worksite, whether or not they are scheduled to work or be on-call that week.

A covered employer shall provide notice of any proposed changes to the employee’s posted work schedule as promptly as possible and prior to the change taking effect. The covered employer must revise the written work schedule to reflect any changes within 24 hours of making the change. An employee may decline to work any hours not included in the posted work schedule. If the employee voluntarily consents to work such hours, such consent shall be recorded in writing. A communication of an employee’s desire to work shifts made available pursuant to section 9 shall constitute written consent.

“Covered employer” is defined as an employer that is a retail Establishment, a hospitality establishment or a food services establishment, that employs 50 or more employees worldwide regardless of where those employees perform work, including but not limited to chain establishments or franchises associated with a franchisor or network of franchises that employ more than 50 employees in aggregate. In determining the number of employees for purposes of this subsection, all employees performing work for compensation on a full-time, part-time or temporary basis shall be counted, provided that where the number of employees who work for an employer for compensation fluctuates, business size may be determined for the current calendar year based upon the average number of employees who worked for compensation per week during the preceding calendar year, and provided further that in determining the number of employees performing work for an employer that is a chain business, the total number of employees in that group of establishments shall be counted.

“Employee” is any person who performs services for an employer for wage, remuneration or other compensation, except that employees employed by cities and towns shall only be considered employees for purposes of this chapter if this law is accepted by vote or by appropriation as provided in Article CXV of the Amendments to the Constitution of the Commonwealth.

“Predictability pay” is payments to an employee, calculated on an hourly basis at the employee’s regular hourly rate, as compensation from changes made by the employer to an employee’s work schedule. An employer must pay an employee predictability pay, when required by this chapter, in addition to any wages earned for work performed by the employee.


HB 3963 - An Act Relative To Wage Transparency

This measure is relative to wage transparency.

Specifically, an employer shall provide the pay scale for a particular employment position with said employer to an applicant for employment in such position or an employee holding such position upon a reasonable request made by said applicant or employee. This section shall apply only to employers that are covered employers under the federal Family and Medical Leave Act of 1993, as amended, 29 U.S.C. 2601, et seq.

“Pay scale” means a salary or hourly wage range for such position, and “reasonable request” means a request made by an applicant for employment in such position after the applicant has completed an initial interview with the employer, or a request made by an employee regarding said employee’s current position.

See HB 4464 for redraft


HB 5163 - An Act Relative To The Protection Of Essential Businesses

This measure grants essential businesses immunity from suit and civil liability stemming from any exposure to COVID-19 on the premises of the business, or as a result of the operations of the business.
This measure conditions immunity on the business operating in good faith and in compliance with required COVID-19 precautions, and voids immunity in case of fraud, deceptive acts or practices, negligence, or in the event of discrimination. This measure clarifies that claims may still be brought under workers’ compensation statutes and regulations, or any healthcare or employment agreements. This measure provides for this act to be in effect for the duration of the COVID-19 state of emergency.

This measure is relative to compliance with the fair minimum wage.
Employers subject to a minimum fair wage order under this chapter shall provide each employee receiving a salary with an hourly equivalent comparison of the employee’s salary and the minimum fair wage under chapter 151. The comparison shall be in written form and shall accompany each payment made to employee. If the hourly salary amount is less than the minimum fair wage, the employer may be subject to sections 19 and 20 of this chapter.


This measure lowers the minimum wage for workers under 18.
More specifically this measure that sets that for workers under the age of eighteen a wage lower than the minimum wage by more than 20%, in any occupation, shall conclusively be presumed to be oppressive and unreasonable.

This measure is relative to the scheduling of employees.
Specifically, an employer must post the 7 day schedule in a conspicuous location for each employee in writing at least 7 days prior to the first day of that work schedule. A “Writing” means a printed or printable communication in physical or electronic format including a communication that is transmitted through electronic mail, text message or a computer system or is otherwise sent and stored electronically.

The employer must contact the employee to notify him or her of any change prior to the change taking effect as soon as reasonably practicable after the employer becomes aware of the need for a change in schedule. An employer cannot require an employee to work hours not included in that initial work schedule without consent by the employee. This does not apply to events beyond an employer’s control as so defined.
An employee has the right to request to change his or her work schedule, request to limit his or her availability to work particular hours, or otherwise provide input into his or her work schedule. It shall not be a violation if the employer denies a request by an employee to change or limit their hours or if this results in in any change in schedule or reduction in hours.
Within 24 hours of the first scheduled hour of the shift, an employer must pay one hour of predictability pay, in addition to wages earned, if the employer:
(i) shortens a shift to three or fewer hours;
(ii) changes the start and end time of a shift , but does not alter the total number of hours in that shift; or
(iii) adds hours of work, as permitted by subsection (b) of this section.
An employer is required to pay an employee for three hours or the number of hours the employee was scheduled to work, whichever is less, at the employee’s regular hourly rate, regardless of the actual hours worked by the employee, on any day: (i) when an employee who is scheduled to work reports for their shift or (ii) the employee is notified within 24 hours of the start of any shift that the shift has been shortened or the employee is not required to report to work.
“Predictability Pay” shall mean payments to an employee, calculated on an hourly basis at the employee’s regular hourly rate, as compensation required for scheduling changes permitted under subsections e and f. An employer must pay an employee predictability pay, when required by this section, in addition to any wages earned for work performed by the employee. For purposes of this chapter, predictability pay shall be deemed to be penalty. Predictability pay shall not include tips, bonuses, commissions or any other form of compensation when not in direct conflict with Fair Labor Standards Act 29 US Code Chapter 8.

This measure is relative to the scheduling of employees.
Upon hiring an employee, a Covered Employer shall provide such employee with a written, good faith estimate of the employee’s work schedule. The employer shall revise the good faith estimate when there is a significant change to the employee’s work schedule due to changes in the employee’s availability or to the employer’s business needs. The good faith estimate is not a contractual offer binding the employer, but an estimate made without a good faith basis is a violation of this section. The good faith estimate shall contain:
(1) The average number of work hours the employee can expect to work each week;
(2) Whether the employee can expect to work any on-call shifts;
(3) A subset of days and a subset of times or shifts that the employee can expect to work, or days of the week and times or shifts on which the employee will not be scheduled to work.
At the time of hire and during employment, the employee has the right to make work schedule requests. The requests protected under this section include but are not limited to:
(1) Requests not to be scheduled for work shifts during certain days or times or at certain locations,
(2) Requests not to work on-call shifts,
(3) Requests for certain hours, days, or locations of work,
(4) Requests for more or fewer work hours.
The employer is encouraged to engage in an interactive process to discuss such employee requests, but may grant or deny the request for any reason that is not unlawful.
Written notice of the work schedule shall be provided by posting the work schedule in a conspicuous place at the workplace that is readily accessible and visible to all employees and transmitting the posted work schedule to each employee. Such transmission may be done electronically if electronic means are regularly used to communicate scheduling information to employees. The posted work schedule shall include the shifts of all current employees at that worksite, whether or not they are scheduled to work or be on-call that week.
A Covered Employer shall provide notice of any proposed changes to the employee’s posted work schedule as promptly as possible and prior to the change taking effect. The Covered Employer must revise the written work schedule to reflect any changes within 24 hours of making the change. An employee may decline to work any hours not included in the posted work schedule. If the employee voluntarily consents to work such hours, such consent must be recorded in writing. A communication of an employee’s desire to work shifts made available pursuant to section 6 shall constitute written consent.
An employee may decline, without penalty, any work hours that are scheduled or otherwise occur:
(1) less than 11 hours after the end of the previous day’s shift, or
(2) during the 11 hours following the end of a shift that spanned two days. An employee may consent to work such shifts; however, consent must be provided in writing, either for each such shift or for multiple shifts, and may be revoked in writing at any time during employment. The employer shall compensate the employee for each instance that the employee works a shift described in subsection 148F (a) at one and one-half times the employee’s scheduled rate of pay for the hours worked that are less than eleven hours apart.
It shall be unlawful for an employer or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this Chapter. No person shall take any adverse action against an employee that penalizes such employee for, or is reasonably likely to deter such employee from, exercising or attempting to exercise any right protected under this chapter. Taking an adverse action includes threatening, intimidating, disciplining, discharging, demoting, suspending or harassing an employee; assigning an employee to a lesser position in terms of job classification, job security, or other condition of employment; reducing the hours or pay of an employee or denying the employee additional hours; informing another employer that an employee has engaged in activities protected by this chapter, and discriminating against the employee, including actions or threats related to perceived immigration status or work authorization.
It shall be considered a rebuttable presumption of retaliation if the employer or any other person takes an adverse action against an employee within 90 calendar days of the employee’s exercise of rights protected in sections 148E through 148N, inclusive. In the case of seasonal employment that ended before the close of the 90 calendar day period, the presumption also applies if the employer fails to rehire a former employee at the next opportunity for work in the same position.
Covered Employers shall keep records necessary to demonstrate compliance with sections 148E through 148N, inclusive, including but not limited to good faith estimates of work schedules, written work schedules and any modifications thereto, written consent for work shifts as required by sections 148E through 148N, inclusive, and offers of work shifts to existing employees and responses to those offers. Employers shall retain such records for a period of two years, and shall allow the Attorney General access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of sections 148E through 148N, inclusive. When an issue arises as to a Covered Employer’s compliance with sections 148E through 148N, inclusive, if the employer does not maintain or retain adequate records documenting compliance, or does not allow the Attorney General reasonable access to such records within 30 days of the Attorney General’s request, it shall be presumed that the employer has violated sections 148E through 148N, inclusive, absent clear and convincing evidence otherwise.
“Covered Employer,” is defined as an employer that is a Retail Establishment, a Hospitality Establishment and a Food Services Establishment as defined in this Section, that employs 50 or more employees worldwide regardless of where those employees perform work, including but not limited to chain establishments or franchises associated with a franchisor or network of franchises that employ more than 50 employees in aggregate. In determining the number of employees for purposes of this subsection, all employees performing work for compensation on a full-time, part-time or temporary basis shall be counted, provided that where the number of employees who work for an employer for compensation fluctuates, business size may be determined for the current calendar year based upon the average number of employees who worked for compensation per week during the preceding calendar year, and provided further that in determining the number of employees performing work for an employer that is a chain business, the total number of employees in that group of establishments shall be counted.
“Employer”, any individual, corporation, partnership or other private or public entity, including any agent thereof, who engages the services of an employee for wages, remuneration or other compensation, except the United States government shall not be considered an Employer and cities and towns shall only be considered Employers for the purposes of this law if this law is accepted by vote or by appropriation as provided by Article CXC of the Amendments to the Constitution of the Commonwealth.
“Predictability Pay”, payments to an employee, calculated on an hourly basis at the employee’s regular hourly rate, as compensation from changes made by the employer to an employee’s work schedule. An employer must pay an employee predictability pay, when required by this Chapter, in addition to any wages earned for work performed by the employee.
“Successor”, any person to whom an employer quitting, selling out, exchanging, or disposing of a business sells or otherwise conveys in bulk and not in the ordinary course of the employer’s business, a major part of the property, whether real or personal, tangible or intangible, of the employer’s business. For purposes of this definition, “person” means an individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, corporation, business trust, partnership, limited liability partnership, company, joint stock, company, limited liability company, association, joint venture, or any other legal or commercial entity.

This measure provides liability protections for contractors and sub-contractors and unions during COVID-19 pandemic.
This measure provides that during the effective period of the COVID-19 pandemic and continuing six months thereafter, a construction contractor or sub-contractor shall be immune from suit and civil liability for any damages allegedly related to construction delays caused by:
1) unforeseeable shortages in available workforce resulting from the COVID-19 pandemic;
2) unavoidable schedule changes resulting from federal, state or local government orders, or other measures to protect the public from COVID-19; and,
3) contractor/sub-contractor compliance with federal, state and local government orders, or measures to protect the public (and its workforce) from COVID-19.
This measure provides that it is unlawful to file a civil action for damages against any employee organization or union for advising their bargaining unit members of their right to refuse to work because of an abnormally dangerous condition at the place of employment.

June 29, 2020