Mass-Peculiarities: An Employers Guide to Wage & Hour Law in the Bay State 2022 Edition

© 2022 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2022 ed. | 17 4. Penalties for Violation Employers that violate the One Day of Rest in Seven or the Sunday Work Without a Day Off statutes are subject to a fine of not more than $300.00. 60 The statutes do not provide for a private right of action. 61 D. Compensable “Working Time” Both Massachusetts and federal law require that employees be paid for all “working time.” 62 Working time encompasses not only those hours spent by employees actively engaged in work, but also the time during which employees are required to be on the employer’s premises or in the service of the employer off-premises. 63 Certain Massachusetts laws require employers to provide employees with breaks from work activity and dictate how, and if, employees must be compensated for this time. In addition, Massachusetts and federal law address the compensability of other “working time,” such as travel, sleep, and on-call time. 1. Meal Breaks Massachusetts law mandates that all employees (including exempt employees) receive an unpaid, thirty-minute meal break after six hours of work. 64 The meal break must be the employee’s free time, meaning the employee must be relieved of all duties and free to leave the workplace during 60 M.G.L. ch. 149, §§ 47-48. 61 See Drexler v. Tel Nexx, Inc. , 125 F. Supp. 3d 361, 377 (D. Mass. 2015) (holding that the One Day of Rest in Seven statute does not allow for a private right of act ion). However, as with the Blue Laws, an employee may sue for retaliat ion if an employer terminates the employee’s employment, or otherwise takes act ion against the employee for refusing to work seven consecut ive days. See Bujold , 23 Mass. L. Rpt r. 347. 62 Massachuset t s law does not define “work,” but does define “working t ime” as “all t ime during which an employee is required to be on the employer’s premises or to be on duty, or to be at the prescribed work site . . . .” 454 C.M.R. § 2.02. 63 29 C.F.R. § 785.7; 454 C.M.R. § 27.02. Under both Massachuset t s and federal law, “whenever an employer imposes special requirement s or condit ions that an employee must meet before commencing or cont inuing product ive work, the t ime spent in fulfilling such special condit ions is regarded as indispensable to the performance of the principal act ivity the employee is hired to perform.” U.S. Department of Labor (DOL) Wage & Hour Opinion Let ter FLSA1998 (Jan. 26, 1998). See also DLS Opinion Let ter MW-2008-002 (Jan. 18, 2008) (adopt ing federal approach). For example, both the DOL andDLS have opined: T ime spent undergoing a physical examinat ion is t ime during which the employee’s freedom of movement is rest ricted for the purpose of serving the employer and t ime during which the employee is subject to the employer’s discret ion and cont rol. It is immaterial whether the t ime spent in undergoing the required physical examinat ion is during the employee’s normal working hours or during nonworking hours. The physical examinat ion is an essent ial requirement of the job and thus primarily for the benefit of the employer. DOL Wage & Hour Opinion Let ter FLSA1997 (Oct . 7, 1997); DLS Opinion Let ter MW-2008-002 (Jan. 18, 2008). If the physical examinat ion is conducted prior to the establishment of an employment relat ionship, such t ime may not require compensat ion. DLS Opinion Let ter MW-2008-002 (Jan. 18, 2008). 64 M.G.L. ch. 149, § 100. Federal law does not require employers to provide meal breaks to employees. 29 C.F.R. § 785.19.