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. | 39 defines what constitutes wages. 209 This statute is complex and difficult to interpret; the first sentence alone contains 593 words, 41 commas, 9 semicolons, and the word “and” 20 times. The questions employers struggle with include the following: • How frequently must wages be paid? • When must wages be paid (i.e., how long after the end of the pay period)? • What is included in wages (and what is not)? • How must wages be paid (i.e., in what form)? • When are wages “earned”? • What deductions can an employer make from an employee’s wages? These questions do not always have clear answers, and the law in Massachusetts is continually evolving. This section summarizes the current law to help employers navigate these muddy waters. A. Frequency and Timing of Payment 1. How FrequentlyMust Wages Be Paid? In general, Massachusetts employers must pay hourly employees on a weekly or biweekly basis. 210 Employers that decide to switch from a weekly to biweekly pay period must provide employees with ninety days’ advance written notice of the change. 211 Employers may pay exempt and salaried non-exempt employees biweekly or semi-monthly—or, at an employee’s option, monthly. 212 In addition, employers may pay agricultural employees monthly. 213 2. When Must Wages Be Paid? For both exempt and non-exempt employees, Massachusetts law requires employees to be paid their wages—including overtime—within six days of the pay period in which the wages were 209 The Payment of Wages statute contains two narrowexempt ions. See M.G.L. ch. 149, § 148. First , the statute does not apply to an employee of (1) a hospital “supported in part by cont ribut ions from the commonwealth or from any city or town,” (2) “an incorporated hospital which provides t reatment to pat ients free of charge,” or (3) a hospital “conducted as a public charity,” unless the employee request s that the hospital pay him or her weekly. Id. Second, the statute does not apply to an employee of a co- operat ive associat ion if the employee is a shareholder in the associat ion, unless the employee request s that the associat ion pay him or her weekly. Id. 210 M.G.L. ch. 149, § 148. 211 Id . 212 Id. An employer should obtain signed, writ ten authorizat ion from any salaried employee who chooses to be paid monthly. The employee can rescind that choice at any t ime. 213 Id.