Massachusetts Employment Law: Wages, Final Pay, Breaks and Your Rights at Work
Massachusetts employment law: minimum wage, overtime, breaks, final paycheck deadlines, PTO payout, sick leave, at-will exceptions and where to file a wage claim.
Quick answers for Massachusetts
- Minimum wage
- $15.00 per hour. The state rate must always be at least 50 cents above the federal minimum wage. M.G.L. c. 151, §1
- Final paycheck if fired or laid off
- Full wages are due on the day of discharge. M.G.L. c. 149, §148
- Meal and rest breaks
- A meal break of at least 30 minutes for anyone working more than 6 hours in a day. No rest-break requirement. M.G.L. c. 149, §100
- Unused vacation / PTO payout
- Yes. Vacation and holiday pay owed under an oral or written agreement count as wages and must be paid at separation on the same timeline as final wages. Unused earned sick time does not have to be paid out. M.G.L. c. 149, §148; c. 149, §148C(d)(7)
Last verified: 2026-10-26
Pay
| Minimum wage | $15.00 per hour. The state rate must always be at least 50 cents above the federal minimum wage. No further increase is set in state law. Source: M.G.L. c. 151, §1 |
|---|---|
| Tipped minimum wage | Service employees who regularly receive more than $20 a month in tips may be paid a cash wage of at least $6.75 per hour, as long as tips make up the difference to the full minimum wage, figured at the end of each shift. The employee must be told about this rule and keep all tips, though tip pooling among tipped employees is allowed. Source: M.G.L. c. 151, §7 |
| Overtime | 1.5 times the regular rate for hours over 40 in a workweek. No daily overtime. Source: M.G.L. c. 151, §1A |
| How often you must be paid | Weekly or every two weeks, within 6 days after the end of the pay period (7 days if the employee works 7 days a week). Source: M.G.L. c. 149, §148 |
| Pay stubs | With each payment, a pay slip, check stub or envelope showing the employer's and employee's names, the date, hours worked, hourly rate, and any deductions or increases for the pay period. Source: M.G.L. c. 149, §148 |
Breaks and leave
| Meal and rest breaks | A meal break of at least 30 minutes for anyone working more than 6 hours in a day. No rest-break requirement. Source: M.G.L. c. 149, §100 |
|---|---|
| Paid sick leave | Employees earn at least 1 hour of sick time for every 30 hours worked, up to 40 hours a year. It is paid at employers with 11 or more employees and unpaid at smaller employers. Use can begin on the 90th day of employment; up to 40 unused hours carry over, but no more than 40 hours may be used in a year. Source: M.G.L. c. 149, §148C |
Leaving a job
| Final paycheck if fired or laid off | Full wages are due on the day of discharge. Source: M.G.L. c. 149, §148 |
|---|---|
| Final paycheck if you quit | Full wages are due on the next regular payday (or, if there is no regular payday, the following Saturday). Source: M.G.L. c. 149, §148 |
| Unused vacation / PTO payout | Yes. Vacation and holiday pay owed under an oral or written agreement count as wages and must be paid at separation on the same timeline as final wages. Unused earned sick time does not have to be paid out. |
Firing, retaliation and discrimination
| Job discrimination complaints | Massachusetts Commission Against Discrimination (MCAD). Covers employers with 6 or more employees (and employers of domestic workers). A complaint must be filed within 300 days of the discriminatory act. Employer definition: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151B/Section1 Source: M.G.L. c. 151B, §1; c. 151B, §5 |
|---|---|
| Non-compete agreements | Non-competes must be in writing, signed by both sides, state the right to consult a lawyer, and be given with the offer or 10 business days before work starts (or 10 business days' notice, with extra consideration, for current employees). They may last no more than 12 months and need garden-leave pay (at least 50% of highest base salary) or other agreed consideration. They cannot be enforced against non-exempt (overtime-eligible) employees, students in short-term jobs, workers laid off or fired without cause, or anyone 18 or younger. Source: M.G.L. c. 149, §24L |
Employment Law FAQ
What is the minimum wage in Massachusetts?
$15.00 per hour. The state rate must always be at least 50 cents above the federal minimum wage.
What is the tipped minimum wage in Massachusetts?
Service employees who regularly receive more than $20 a month in tips may be paid a cash wage of at least $6.75 per hour, as long as tips make up the difference to the full minimum wage, figured at the end of each shift. The employee must be told about this rule and keep all tips, though tip pooling among tipped employees is allowed.
What are the overtime rules in Massachusetts?
1.5 times the regular rate for hours over 40 in a workweek. No daily overtime.
Are breaks required by law in Massachusetts?
A meal break of at least 30 minutes for anyone working more than 6 hours in a day. No rest-break requirement.
When do I get my final paycheck if I'm fired in Massachusetts?
Full wages are due on the day of discharge.
When do I get my final paycheck if I quit in Massachusetts?
Full wages are due on the next regular payday (or, if there is no regular payday, the following Saturday).
Does an employer have to pay out unused PTO in Massachusetts?
Yes. Vacation and holiday pay owed under an oral or written agreement count as wages and must be paid at separation on the same timeline as final wages. Unused earned sick time does not have to be paid out.
How often must employees be paid in Massachusetts?
Weekly or every two weeks, within 6 days after the end of the pay period (7 days if the employee works 7 days a week).
Do employers have to give pay stubs in Massachusetts?
With each payment, a pay slip, check stub or envelope showing the employer's and employee's names, the date, hours worked, hourly rate, and any deductions or increases for the pay period.
Is paid sick leave required in Massachusetts?
Employees earn at least 1 hour of sick time for every 30 hours worked, up to 40 hours a year. It is paid at employers with 11 or more employees and unpaid at smaller employers. Use can begin on the 90th day of employment; up to 40 unused hours carry over, but no more than 40 hours may be used in a year.
Where do I file a job discrimination complaint in Massachusetts?
Massachusetts Commission Against Discrimination (MCAD). Covers employers with 6 or more employees (and employers of domestic workers). A complaint must be filed within 300 days of the discriminatory act.
Are non-compete agreements enforceable in Massachusetts?
Non-competes must be in writing, signed by both sides, state the right to consult a lawyer, and be given with the offer or 10 business days before work starts (or 10 business days' notice, with extra consideration, for current employees). They may last no more than 12 months and need garden-leave pay (at least 50% of highest base salary) or other agreed consideration. They cannot be enforced against non-exempt (overtime-eligible) employees, students in short-term jobs, workers laid off or fired without cause, or anyone 18 or younger.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.