- Massachusetts labor laws at a glance
- Earned sick time, and the 11-employee line
- Tipped workers, step by step
- Meal breaks
- Paydays
- Sunday and holiday rules for retail
- The insight most employers miss
- Common Massachusetts mistakes
- A checklist for a new Massachusetts hire
- If something goes wrong
- My verdict
- Frequently asked questions
Massachusetts' minimum wage is $15.00 an hour, tipped workers can be paid $6.75 if tips bring them to at least $15, and overtime is due after 40 hours a week. Workers earn up to 40 hours of earned sick time a year and get a 30-minute meal break for every 6 hours worked.
Those are the main rules, as of October 2026. The Attorney General's Fair Labor Division enforces them, covering minimum wage, overtime, payment of wages, sick time and meal breaks. This guide uses Mass.gov pages and the US Department of Labor's state tables, read in October 2026.
Massachusetts labor laws at a glance
| Topic | Rule (as of October 2026) |
|---|---|
| Minimum wage | $15.00 an hour, and never less than $0.50 above the federal rate |
| Tipped service rate | $6.75 an hour, for staff who get more than $20 a month in tips |
| Overtime | After 40 hours a week |
| Meal break | At least 30 minutes for each 6 hours worked in a day |
| Earned sick time | 1 hour per 30 worked, up to 40 hours a year |
| Paid or unpaid sick time | Paid at 11 or more employees, unpaid below that |
| Hourly paydays | Weekly or biweekly |
Earned sick time, and the 11-employee line
Here's the rule small employers most often get wrong. Every employer in Massachusetts has to provide earned sick time. Workers earn at least 1 hour for every 30 hours worked and can use up to 40 hours a year to care for themselves and certain family members. Employers with 11 or more employees must pay for it. Employers with fewer than 11 must still provide the time off, but it doesn't have to be paid. So a 10-person café and an 11-person café have different costs, but both have to give the time.
An employer can use its own sick leave or paid time off policy instead, as long as it gives the same benefits and protections the law requires, or better.
Tipped workers, step by step
- Check the worker gets more than $20 a month in tips.
- Tell the worker in writing about the tipped rule in Massachusetts law (MGL c151 section 7) before you pay the service rate.
- Pay at least $6.75 an hour, as of October 2026.
- Check that wages plus tips reach at least the $15 minimum for all hours worked each day.
- If they don't, pay the difference.
Meal breaks
Workers have a right to at least a 30-minute meal break for each 6 hours worked in a calendar day. During that break, they must be free of all duties and free to leave the workplace. The statute excludes some industries, such as iron works, glass works and paper mills, and the Attorney General can grant exemptions for continuous processes. Compare it with other states in my lunch break laws by state guide.
Paydays
The US Department of Labor's payday table says hourly employees in Massachusetts must be paid weekly or biweekly. Salaried employees can be paid semi-monthly, and monthly if the employee voluntarily agrees. For how this compares nationally, see my pay frequency laws by state guide.
Sunday and holiday rules for retail
Massachusetts changed its Sunday and holiday premium pay rules with the 2018 law known as the Grand Bargain, and changed some holiday work practices again in 2020. Retail stores that open on New Year's Day, Veterans Day or Columbus Day must pay staff the premium rate set in the Grand Bargain schedule, and they can't require anyone to work those days. An employee who refuses to work on one of those holidays can't be disciplined or dismissed for it.
The insight most employers miss
Massachusetts' minimum wage has a floor tied to federal law. The US Department of Labor notes that the state rate can never be less than $0.50 higher than the federal minimum. If the federal rate rises, the Massachusetts rate has to stay at least 50 cents ahead, as of October 2026. For more on the wage itself, see my Massachusetts minimum wage guide.
Common Massachusetts mistakes
- Using the $6.75 service rate without giving the written notice first.
- Assuming a business under 11 staff can skip sick time, when it only skips paying for it.
- Scheduling a 6-hour shift with no 30-minute duty-free break.
- Paying hourly staff monthly.
A checklist for a new Massachusetts hire
- Set the hourly rate at $15.00 or more, as of October 2026.
- If the role is tipped, give the written notice before using the $6.75 service rate.
- Put the employee on a weekly or biweekly payday if they're hourly.
- Start tracking earned sick time from the first hour worked.
- Build a 30-minute duty-free meal break into every shift of 6 hours or more.
- Display the Massachusetts wage and hour poster, which the Fair Labor Division will send you on request.
The Fair Labor Division's remit goes wider than pay. It also enforces protections for temporary workers and domestic workers, and the rules on recordkeeping.
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If something goes wrong
- Workers can file a workplace complaint with the Attorney General's Fair Labor Division.
- The Division runs a Fair Labor Hotline and free wage theft clinics.
- The law protects workers against retaliation for raising wage complaints.
- Workers can also sue an employer for unpaid wages.
My verdict
Massachusetts is a strict but readable state. Pay $15, handle the tipped notice in writing, put a 30-minute break into every 6-hour shift, and know which side of the 11-employee line you're on for sick time. If you run a shop, diarise New Year's Day, Veterans Day and Columbus Day, because those three come with their own rules.
Frequently asked questions
What is the minimum wage in Massachusetts?
It's $15.00 an hour as of October 2026, and the state rate can't be less than $0.50 above the federal minimum.
What is the tipped minimum wage in Massachusetts?
$6.75 an hour for staff who get more than $20 a month in tips, as long as wages plus tips reach at least $15 an hour.
Is sick time paid in Massachusetts?
Employers with 11 or more employees must give paid sick time. Smaller employers must give earned sick time, but it doesn't have to be paid.
Are lunch breaks required in Massachusetts?
Yes. Workers get at least a 30-minute meal break for each 6 hours worked in a calendar day, free of all duties.
Can Massachusetts retail stores make you work on a holiday?
Retail stores that open on New Year's Day, Veterans Day or Columbus Day can't require employees to work those days, and refusing can't be grounds for dismissal.
How often must hourly workers be paid in Massachusetts?
Weekly or biweekly. Salaried staff can be paid semi-monthly, or monthly if they voluntarily agree.


