Massachusetts Employment Laws for Employers
Reviewed Sep 25, 2026 10 of 13 rules verified against official sources How we verify
Not a substitute for the advice of an attorney. General information; laws vary by state. Terms of use
Final pay and unused vacation
Final paycheck
If you fire someone, when is the last paycheck due?Day of dischargeVerified Sep 11, 2026 · 2 official sources
An employee who is discharged must be paid in full on the day of discharge. (M.G.L. c. 149, § 148 (via Internet Archive snapshot of 2026-09-11))
“any employee discharged from such employment shall be paid in full on the day of his discharge”
Put it in writing with the termination letter template for Massachusetts.
If an employee quits, when is the last paycheck due?Next regular paydayVerified Sep 11, 2026 · 2 official sources
An employee who leaves voluntarily must be paid in full on the next regular payday. (M.G.L. c. 149, § 148 (via Internet Archive snapshot of 2026-09-11))
“any employee leaving his employment shall be paid in full on the following regular pay day, and, in the absence of a regular pay day, on the following Saturday”
“If you leave your job voluntarily, you must be paid on the next regular payday.”
Unused vacation (PTO) at separation
Do you have to pay out unused vacation when someone leaves?Verified: see ruleVerified Sep 11, 2026 · 2 official sources
Vacation payments are wages under the Massachusetts Wage Act when due to an employee under an oral or written agreement. (M.G.L. c. 149, § 148 (via Internet Archive snapshot of 2026-09-11))
“The word ''wages'' shall include any holiday or vacation payments due an employee under an oral or written agreement.”
“Vacation payments are wages.”
Wages, paydays and breaks
Minimum wage
What is the minimum wage?$15.00 per hourVerified Sep 25, 2026 · 2 official sources
Massachusetts' state minimum wage is $15.00 per hour. (Massachusetts minimum wage law (DOL WHD state minimum wage table, updated July 1, 2026))
“Massachusetts Basic Minimum Rate (per hour): $15.00”
“Effective January 1, 2023, the minimum wage is $15.00 per hour and the service rate is $6.75 (applied to workers who provide services to customers and who make more than $20 a month in tips).”
Paydays
How often do you have to pay?Depends on the caseVerified Sep 11, 2026 · 2 official sources
Hourly employees must be paid weekly or bi-weekly. (Massachusetts payday law (DOL WHD State Payday Requirements, footnote 9))
“9 Massachusetts. Hourly employees must be paid either weekly or biweekly.”
“Every person having employees in his service shall pay weekly or bi-weekly each such employee the wages earned by him”
One more case for this topic is pending verification. Official source.
Meal breaks
Do adult employees get a meal break?30 minutesVerified Sep 25, 2026 · 2 official sources
Workers who work more than 6 hours in a calendar day have a right to at least a 30-minute meal break, during which they must be free of all duties and free to leave the workplace. (Massachusetts statute (DOL WHD meal period table))
“Workers have a right to at least a 30-minute meal break or each 6 hours worked in a calendar day. During their meal break, workers must be free of all duties and free to leave the workplace.”
“Workers have a right to at least a 30-minute meal break if they work more than six hours during a calendar day. During their meal break, workers must be free of all duties and free to leave the workplace.”
Pending verification. Not verified for Massachusetts yet, so no answer is shown. Each link opens the official source to check.
Paid sick leave
Do you have to give paid sick leave?Yes, statewideVerified Sep 25, 2026 · 2 official sources
Massachusetts workers must earn at least one hour of earned sick time for every 30 hours worked, up to 40 hours per year. (Mass.gov (Attorney General), Earned sick time (M.G.L. c. 149, § 148C))
“Most workers in Massachusetts have the right to earn and use up to 40 hours of job-protected sick time per year to take care of themselves and certain family members. Workers must earn at least one hour of earned sick leave for every 30 hours worked.”
“Covered employees earn sick time at a rate of 1 hour for every 30 hours worked.”
Ending employment
At-will employment
Yes. Massachusetts follows at-will employment, with these exceptions (Bradley v. Cruz, No. 1:13-cv-12927 (D. Mass. Nov. 3, 2014), quoting Harrison v. NetCentric Corp., 744 N.E.2d 622, 629 (Mass. 2001), and Fortune v. Nat’l Cash Register Co., 364 N.E.2d 1251 (Mass. 1977)):
- Public policy: Recognized (Dineen v. Dartmouth-Hitchcock Medical Center, No. 1:13-cv-12200 (D. Mass. Feb. 3, 2014), quoting King v. Driscoll, 418 Mass. 576, 582 (1994))
- Implied contract: Recognized (Dineen v. Dartmouth-Hitchcock Medical Center, No. 1:13-cv-12200 (D. Mass. 2014), n.2, quoting Day v. Staples, Inc., 555 F.3d 42, 58 (1st Cir. 2009))
- Good faith and fair dealing: Recognized, limited (Bradley v. Cruz, No. 1:13-cv-12927 (D. Mass. Nov. 3, 2014), quoting Harrison v. NetCentric Corp., 744 N.E.2d 622, 629 (Mass. 2001), and Fortune v. Nat’l Cash Register Co., 364 N.E.2d 1251 (Mass. 1977))
Public policy exception: recognized?RecognizedVerified Sep 24, 2026 · 2 official sources
Massachusetts recognizes a wrongful-termination claim for at-will employees only when the firing violates a clearly established public policy (King v. Driscoll); the Supreme Judicial Court interprets this exception narrowly. (Dineen v. Dartmouth-Hitchcock Medical Center, No. 1:13-cv-12200 (D. Mass. Feb. 3, 2014), quoting King v. Driscoll, 418 Mass. 576, 582 (1994); Suzuki v. Abiomed, Inc., No. 19-1233 (1st Cir.), n.4, citing King v. Driscoll, 638 N.E.2d 488, 492 (Mass. 1994))
“As an exception to the general rule, the Massachusetts Supreme Judicial Court has recognized that “an at-will employee has a cause of action for wrongful termination only if the termination violates a clearly established public policy.””
“The SJC has permitted at-will employees to bring wrongful termination claims when their dismissal allegedly violates a clearly established public policy.”
Implied contract exception: recognized?RecognizedVerified Sep 24, 2026 · 2 official sources
In Massachusetts, employment is presumed to be at will unless an express or implied contract governs its terms and conditions. (Dineen v. Dartmouth-Hitchcock Medical Center, No. 1:13-cv-12200 (D. Mass. 2014), n.2, quoting Day v. Staples, Inc., 555 F.3d 42, 58 (1st Cir. 2009); Day v. Staples, Inc., 555 F.3d 42 (1st Cir. 2009), No. 08-1689)
““In Massachusetts, employment is presumed to be at-will unless there exists an express or implied contract governing its terms and conditions.””
Same official text as quoted above (see the quote; Day v. Staples, Inc., 555 F.3d 42 (1st Cir. 2009), No. 08-1689 · media.ca1.uscourts.gov).
Good faith and fair dealing exception: recognized?Recognized, limitedVerified Sep 24, 2026 · 2 official sources
Massachusetts implies a covenant of good faith and fair dealing in at-will employment contracts, but it is limited: an employer who fires an employee in bad faith is liable for unpaid compensation clearly connected to work already performed (Fortune v. National Cash Register). (Bradley v. Cruz, No. 1:13-cv-12927 (D. Mass. Nov. 3, 2014), quoting Harrison v. NetCentric Corp., 744 N.E.2d 622, 629 (Mass. 2001), and Fortune v. Nat’l Cash Register Co., 364 N.E.2d 1251 (Mass. 1977); Suzuki v. Abiomed, Inc., No. 19-1233 (1st Cir.), quoting Ayash v. Dana-Farber Cancer Institute, 822 N.E.2d 667, 684 (Mass. 2005))
““an employer is accountable to a discharged employee for unpaid compensation if the employee were (sic) terminated in bad faith and the compensation is clearly connected to work already performed.””
“Although the range of theories available under the implied covenant in the employment context is indistinct, the SJC has taken pains to note that employers, "in varying contexts and subject to strict limitations," have been found liable for breach of the implied covenant "only in circumstances when an at-will employee has been terminated in bad faith."”
Massachusetts and its neighbors
| State | Final pay after firing | Final pay after quitting | Minimum wage | Paid sick leave |
|---|---|---|---|---|
| Massachusetts | Day of discharge | Next regular payday | $15.00 per hour | Yes, statewide |
| Rhode Island | Pending verification. Official source (webserver.rilegislature.gov). | Pending verification. Official source (webserver.rilegislature.gov). | $16.00 per hour | Pending verification. Official source (rules.sos.ri.gov). |
| Connecticut | Next business day | Next regular payday | $16.94 per hour | Yes, statewide |
| New York | Next regular payday | Next regular payday | $16.00 to $17.00 per hour (depends on the case) | Yes, statewide |
| Vermont | 72 hours | Next regular payday | $14.42 per hour | Yes, statewide |
| New Hampshire | Pending verification. Official source (dol.nh.gov). | Pending verification. Official source (dol.nh.gov). | $7.25 per hour | Pending verification. Official source (dol.nh.gov). |
Verified rules only; open a state for its sources.
What an employee costs in Massachusetts
Every employer pays Social Security 6.2% (Publication 15), Medicare 1.45% (Topic 751) and FUTA (Topic 759). Massachusetts adds its unemployment insurance tax:
| Massachusetts payroll tax, 2026 | Amount |
|---|---|
| Taxable wage base per employee | $15,000 |
| Rates for experience-rated employers | 0.94% to 14.37% |
| New-employer rate | 2.42% |
| FUTA credit reduction | None for 2025 or 2026 |
| Estimated employer taxes on a $40,000 salary | $3,465 (8.7%) |
Of the $3,465, $363 is Massachusetts unemployment insurance tax (2.42% on the first $15,000 of wages) and $3,102 is federal tax.
The estimate counts FUTA at 0.6% of the first $7,000 ($42 per employee), which assumes the full FUTA credit (Topic 759).
Estimate for a new employer and a full year; check with your payroll provider. Sources: U.S. DOL, State UI Laws, July 2026, page 3; U.S. DOL, FUTA credit reductions.
Federal wage enforcement in Massachusetts
In FY2021 to FY2025, the federal Wage and Hour Division concluded 860 cases in Massachusetts (n = 860), 733 with violations, finding $23,962,434 in back wages owed to 11,691 employees and assessing $3,228,544 in civil money penalties (DOL enforcement data). Overtime back wages were part of 59.2% of the violation cases. OSHA opened 8,919 inspections in the same years (OSHA data). Enforcement data is not a violation rate: it shows where federal investigators looked. Wage violations by industry.
Massachusetts has no OSHA-approved State Plan for private workplaces, so federal OSHA enforces workplace safety for private employers in Massachusetts (OSHA: State Plans).
Changelog
- Sep 24, 2026: first verified, 2 rules.
- Sep 26, 2026: verified: minimum wage, now backed by two independent official sources. (mass.gov)
- Sep 26, 2026: verified: payday frequency (hourly employees), now backed by two independent official sources. (malegislature.gov)
- Sep 26, 2026: verified: meal breaks, now backed by two independent official sources. (mass.gov)
- Sep 26, 2026: verified: final pay after firing, now backed by two independent official sources. (mass.gov)
- Sep 26, 2026: verified: final pay after quitting, now backed by two independent official sources. (mass.gov)
- Sep 26, 2026: verified: unused vacation (PTO) payout, now backed by two independent official sources. (mass.gov)
- Sep 26, 2026: verified: at-will exceptions (implied contract), now backed by two independent official sources. (media.ca1.uscourts.gov)
- Sep 28, 2026: verified: paid sick leave (accrual), now backed by two independent official sources. (mass.gov)
Questions about Massachusetts employment laws
What is the minimum wage in Massachusetts?
Massachusetts' state minimum wage is $15.00 per hour. (Massachusetts minimum wage law (DOL WHD state minimum wage table, updated July 1, 2026))
Is Massachusetts an at-will state?
Yes. Massachusetts follows at-will employment, with exceptions. Of the 3 common exceptions, we have verified 3, and 3 are recognized in Massachusetts (Bradley v. Cruz, No. 1:13-cv-12927 (D. Mass. Nov. 3, 2014), quoting Harrison v. NetCentric Corp., 744 N.E.2d 622, 629 (Mass. 2001), and Fortune v. Nat’l Cash Register Co., 364 N.E.2d 1251 (Mass. 1977)).
When is the final paycheck due after firing someone in Massachusetts?
An employee who is discharged must be paid in full on the day of discharge. (M.G.L. c. 149, § 148 (via Internet Archive snapshot of 2026-09-11))
Sources (14)
- Massachusetts minimum wage law (DOL WHD state minimum wage table, updated July 1, 2026)
- Mass.gov (Trial Court Law Libraries), Massachusetts law about minimum wage
- Massachusetts payday law (DOL WHD State Payday Requirements, footnote 9)
- M.G.L. c. 149, § 148 (via Internet Archive snapshot of 2026-09-11)
- Massachusetts statute (DOL WHD meal period table)
- Massachusetts Attorney General, Breaks and time off (M.G.L. c. 149, secs. 100 and 101)
- Mass.gov (Trial Court Law Libraries), Massachusetts law about employment termination
- Mass.gov (Attorney General), Earned sick time (M.G.L. c. 149, § 148C)
- Kliskey v. Medical Operations Consulting, No. 4:22-cv-40123-MRG (D. Mass. Mar. 31, 2025), describing Mass. Gen. Laws ch. 149, § 148C(d)(1)
- Bradley v. Cruz, No. 1:13-cv-12927 (D. Mass. Nov. 3, 2014), quoting Harrison v. NetCentric Corp., 744 N.E.2d 622, 629 (Mass. 2001), and Fortune v. Nat’l Cash Register Co., 364 N.E.2d 1251 (Mass. 1977)
- Suzuki v. Abiomed, Inc., No. 19-1233 (1st Cir.), quoting Ayash v. Dana-Farber Cancer Institute, 822 N.E.2d 667, 684 (Mass. 2005)
- Dineen v. Dartmouth-Hitchcock Medical Center, No. 1:13-cv-12200 (D. Mass. 2014), n.2, quoting Day v. Staples, Inc., 555 F.3d 42, 58 (1st Cir. 2009)
- Day v. Staples, Inc., 555 F.3d 42 (1st Cir. 2009), No. 08-1689
- U.S. Department of Labor: State labor offices
Checked Sep 25, 2026 · How we verify every rule · Report an error
General information, not legal advice. Not a substitute for the advice of an attorney. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Report an error