Play all audios:
Holiday Labor Laws You Should Know If You Work in Massachusetts, Own a Business in Massachusetts, or Have a Burning Passion for JusticeCaleb D ParkerFollow5 min read·Dec 17, 2019 --
Listen
Share
Back in 2018, I was a litigation intern at a law firm in Springfield, MA. Most of my time was spent organizing case files, writing rep letters, requesting medical/financial records, and
helping older attorneys figure out how to use adobe acrobat.
I may not have done a whole lot of lawyering during my time at the old law firm (mostly because I wasn’t a lawyer.) But, I did learn a lot about the law. Specifically, I learned a lot about
workman’s comp laws and other work-related regulations in Massachusetts.
And since I now work for a job-search platform, I figured I’d dust off my litigation intern hat and tell you all about some of the more important labor laws that you should know if you work
in Mass or have people working for you in Mass, particularly during the holiday season.
Working on Holidays and Sundays If you’re just starting a new job, you’re probably wondering how the holiday season is going to affect your work schedule. The unfortunate truth is, it really
depends on where you work.
Those of you who know your Massachusetts history probably know that our lovely state started out as a Puritan colony. And although we’ve come a long way from witch-burning and
Quaker-hunting, our puritanical roots still appear in many aspects of our state’s government. Some towns don’t sell alcohol, for example. And all employers are required to provide a “day of
rest” for their workers within each seven day period. But, when it comes to operating a business during a “holy day” there are really only a few things that you need to know.
First, if you work for a retailer (a business that sells goods to the public) there is no state regulation about working on Sundays. A retailer can open at any time without having to request
a permit. If you’re wondering whether the law prohibits your business from operating on Sundays, here’s a list of the types of businesses that are not prohibited by section 5 (the law
prohibiting business operation on Sundays).
Some of these businesses are required to pay premium wages on Sunday, however. So, it’s not all bad news. If your company employs more than seven (7) workers, odds are your boss is required
to pay you overtime for Sundays. Another bit of good news is that Massachusetts law protects people who can’t work on Sundays for religious reasons. If you need to go to your church, temple,
mosque, shrine, etc… your boss can’t harass you for being late.
When it comes to legal holidays, retail workers are faced with three different categories: unrestricted holidays, partially restricted holidays, and restricted holidays.
Unrestricted holidays — as the name suggests — are holidays were if your boss says you have to work, you have to work. Obviously, this is a case-by-case thing. If you really can’t work on an
“unrestricted holiday” then I’m sure you could work something out. But, generally speaking, these are the holidays that don’t merit a day off. They are 1) Martin Luther King Day 2)
President’s Day 3) “Evacuation Day” (Saint Patrick’s Day) 4) Patriot’s Day 5) Bunker Hill Day.
Partially restricted holidays don’t require a permit, but they do require premium wages and are largely voluntary. They are 1) New Years Day 2) Memorial Day 3) Independence Day 4) Labor Day
5) Columbus Day after 12 pm 6) Veterans Day after 1 pm. Again, premium wages are only required if your company exceeds 7 workers including the owner.
Restricted holidays are, you guessed it, holidays that you aren’t allowed to work. Unless your business has obtained a special police permit, these are days that you get off no matter what.
Restricted holidays in Massachusetts are 1) Columbus Day before noon 2) Veterans Day before 1 pm 3) Thanksgiving Day 4) Christmas Day.
For people who don’t work in retail, i.e. your business doesn’t sell physical goods to the public, the rules are a bit different. First of all, non-retail businesses (and Chick Fil A) are
mostly prohibited from working on Sundays. Unless a permit is issued by the local police chief, non-retail businesses remain closed on the Lord’s Day. The holidays are a bit different. Below
is a list of holidays when non-retail businesses are allowed to operate without a special permit.
via Mass.gov Here are links (sections 4, 6, 14, and 181) to the articles detailing the types of non-retail businesses exempt from legal holiday restrictions.
People who work in manufacturing are required to work (unrestricted) on 1) New Years Day 2) Martin Luther King Day 3) President’s Day 4) Evacuation Day 5) Patriot’s Day 6) Bunker Hill Day 7)
Columbus Day afternoon 8) Veterans Day after 1 pm.
Unless granted a special permit, people who work in manufacturing cannot work on the following legal holidays: 1) Memorial Day 2) Independence Day 3) Labor Day 4) Columbus Day morning 5)
Veterans Day before 1 pm 6) Thanksgiving Day 7) Christmas Day.
According to Mass.gov, “Although manufacturers may lawfully operate on legal holidays (assuming permits are obtained when necessary), employees cannot be required to work on those days. The
law provides a very limited exception when manufacturers can require work on holidays: when the work is both 1) “ absolutely necessary” and 2) “can lawfully be performed on Sunday.”
No matter where you work, it’s important to know your rights. And if you have any questions regarding your schedule or when you’re allowed to take time off for religious reasons, just talk
to your HR person or go to your state government’s website. The Mass.gov site has some awesome resources for people in the Bay State. Just remember to be diplomatic when approaching your
boss for time off.
Thanks for reading,
Former law intern Caleb
As always, go check out our site if you’re looking to find a job in Boston.