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

6 | Massachusetts Wage & Hour Peculiarities, 2022 ed. © 2022 Seyfarth Shaw LLP 46. The sale of lottery tickets 47. The operation of a self-service auto repair center 48. The transport of amusement devices, such as carousels and Ferris wheels 49. The operation of a retail store or sho p 5 50. The operation of a home video movie rental business 51. “The retail sale of alcoholic beverages not to be drunk on the premises on Sundays” by licensed retail establishments 52. The operation of drivers’ education schools 53. “The cutting and styling of hair, manicuring, and the furnishing of related cosmetological and beauty services” 54. The performance of massage therapy by a licensed massage therapist 55. The operation of a bank If a business does not qualify for an exemption, it may not legally operate in Massachusetts on Sundays unless it obtains a permit, as described below. If a business does qualify for one of these exemptions, it must then determine whether it is subject to the premium pay and voluntariness of work requirements of the Blue Laws, described below in Section I.B.4. If a business falls within the last three exemptions above, it should pay particularly close attention to these requirements. 3. Permits for Necessary Sunday Work or Labor Businesses that are not generally allowed to open on Sundays may obtain a single-day permit, generally for a small fee, if they have a valid reason to operate on a given Sunday. 6 In order to obtain a permit, the employer must submit a written request to the chief of police of the town or city in which the business is located. 7 The employer must apply within sixty days prior to the day on which the permit will be used, and the chief of police must issue, or deny issuance of, the 5 M.G.L. ch. 136, § 6(50). The statute specifically exempts “a store or shop and the sale at retail of goods therein, but not including the retail sale of goods subject to chapter 138 [alcoholic beverages], and the performance of labor, business, and work direct ly connected therewith on Sunday.” Id. As explained in Sect ion I.B.4, businesses that fall within this exempt ion are subject to premium pay requirement s. 6 M.G.L. ch. 136, § 7. 7 Id.