Legal Break Requirements Massachusetts

While some states have labor regulations that require employees to be given one or more days of work rest, the Massachusetts government has no such regulations. Therefore, in Massachusetts, all breaks or rest periods are granted to employees at the discretion of the employer. Employees are entitled to meal allowances if their freedom of movement is restricted during the break or if the employee is required to perform a work function during the break. The decision not to take a meal break must be voluntary and only the employee has the authority to forego an hour of meals. Manufacturers cannot require their employees to work on public holidays unless the work is “absolutely necessary” and “can be legally performed on Sundays.” For a full summary of Massachusetts` lunch and break laws, see the Massachusetts All in One Labor Law poster. This poster also contains detailed information on many other aspects of federal and state labor law. The Massachusetts Food Break Act excludes forges, glassworks, printing mills, paper mills, book printers, and bleaching or dyeing plants. It`s probably best to ask your employer if they can offer you some flexibility. Although the law does not require it, they can offer you planning options that work better for you.

The consequences for an unpaid employee who spends their lunch break can be significant. Often, employers ask their payroll companies to automatically deduct 30 minutes of salary from their employees` wages without ensuring that employees did not actually work during that period. If this practice continues for an extended period of time, an employer may be liable to any employee who worked during his or her break for each break of 30 minutes at three times the employee`s hourly wage. Employees who work more than 6 hours are entitled to a meal break The employer`s meal break policy can create an environment where its employees work outside hours without pay, which is contrary to the FLSA. Employers have a responsibility to ensure that their employees do not work during unpaid meal times, and employees should not work during their meal hours without pay. Massachusetts` lunch and break law does not apply to certain types of employment situations. These include “forges, glassworks, paper mills, book printers, printers, bleaching plants and dyes”. Due to the nature of these types of industrial work environments, they are exempt under state law.

Other types of industrial facilities may be included in this list with the authorization of the Attorney General. Under the federal Fair Labour Standards Act, if the employer offers a lunch break and the employee eats during the break, they may still have to pay for the entire lunch break, depending on what else the employee does during that time. The test for determining when an hour of meals may be unpaid is: “As long as the employee is able to perform his or her meal time appropriately and comfortably, does not perform essential duties and does not devote time primarily to the employer, the time is not compensable. For this reason, Massachusetts employees are entitled to at least 30 minutes of unpaid meal breaks for more than 6 hours per day. Employees are entitled to at least 30 minutes of meal break per 6 hours worked in a calendar day. During the lunch break, employees must be released from all obligations and be able to leave the workplace. This break may not be remunerated. Employers may require employees to take their meal breaks.

Massachusetts` meal break law is often overlooked, but as Gymboree`s rules show, violations of the law create serious exposure for employers. The Act, M.G.L. c. 149, section 100 provides: Establishments with a collective agreement on breaks are also exempt from this law on meal breaks. Finally, if an employee voluntarily forgoes their lunch break, they are allowed to work under state law. Under Massachusetts labor laws, workers must receive a paid rest period — from their employer — of at least 10 minutes for every 4-hour shift. The rest period — according to Massachusetts labor laws — must be provided no later than the end of the third hour of the employee`s shift. • Suspend MA labor laws: A worker must be paid for mealtimes, according to Massachusetts labor law breaks, if the worker is called back to work during meal time, even though they are often not on call during meal time. • Suspend MA labor laws: A worker must be paid — according to Massachusetts labor laws — if the person is to be on call at the store or construction site Massachusetts law does not provide information on how many times an employee can take a break during a workday to breastfeed or express milk or limit the number of times an employee can take a break. Employers need to be aware of each employee`s needs so that they can express milk or breastfeed as often as they need. However, as indicated by the Attorney General, an employee may voluntarily waive the meal break.

Of course, such a waiver must be obtained by the employee without coercion or pressure.