InterObservers.

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”

M.G.L. c. 149, § 148 (via Internet Archive snapshot of 2026-09-11) · malegislature.gov

malegislature.gov · mass.gov

Report an error

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”

M.G.L. c. 149, § 148 (via Internet Archive snapshot of 2026-09-11) · malegislature.gov

“If you leave your job voluntarily, you must be paid on the next regular payday.”

Mass.gov (Trial Court Law Libraries), Massachusetts law about employment termination · mass.gov

malegislature.gov · mass.gov

Report an error

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.”

M.G.L. c. 149, § 148 (via Internet Archive snapshot of 2026-09-11) · malegislature.gov

“Vacation payments are wages.”

Massachusetts Attorney General, Breaks and time off (Vacation) · mass.gov

malegislature.gov · mass.gov

Report an error

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”

Massachusetts minimum wage law (DOL WHD state minimum wage table, updated July 1, 2026) · dol.gov

“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).”

Mass.gov (Trial Court Law Libraries), Massachusetts law about minimum wage · mass.gov

dol.gov · mass.gov

Report an error

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.”

Massachusetts payday law (DOL WHD State Payday Requirements, footnote 9) · dol.gov

“Every person having employees in his service shall pay weekly or bi-weekly each such employee the wages earned by him”

M.G.L. c. 149, § 148 (via Internet Archive snapshot of 2026-09-11) · malegislature.gov

dol.gov · malegislature.gov

One more case for this topic is pending verification. Official source.

Report an error

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.”

Massachusetts statute (DOL WHD meal period table) · dol.gov

“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.”

Massachusetts Attorney General, Breaks and time off (M.G.L. c. 149, secs. 100 and 101) · mass.gov

dol.gov · mass.gov

Report an error

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.”

Mass.gov (Attorney General), Earned sick time (M.G.L. c. 149, § 148C) · mass.gov

“Covered employees earn sick time at a rate of 1 hour for every 30 hours worked.”

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) · govinfo.gov

mass.gov · govinfo.gov

Report an error

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 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.””

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) · govinfo.gov

“The SJC has permitted at-will employees to bring wrongful termination claims when their dismissal allegedly violates a clearly established public policy.”

Suzuki v. Abiomed, Inc., No. 19-1233 (1st Cir.), n.4, citing King v. Driscoll, 638 N.E.2d 488, 492 (Mass. 1994) · media.ca1.uscourts.gov

govinfo.gov · media.ca1.uscourts.gov

Report an error

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.””

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) · govinfo.gov

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).

govinfo.gov · media.ca1.uscourts.gov

Report an error

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.””

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) · govinfo.gov

“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."”

Suzuki v. Abiomed, Inc., No. 19-1233 (1st Cir.), quoting Ayash v. Dana-Farber Cancer Institute, 822 N.E.2d 667, 684 (Mass. 2005) · media.ca1.uscourts.gov

govinfo.gov · media.ca1.uscourts.gov

Report an error

Massachusetts and its neighbors

StateFinal pay after firingFinal pay after quittingMinimum wagePaid sick leave
MassachusettsDay of dischargeNext regular payday$15.00 per hourYes, statewide
Rhode IslandPending verification. Official source (webserver.rilegislature.gov).Pending verification. Official source (webserver.rilegislature.gov).$16.00 per hourPending verification. Official source (rules.sos.ri.gov).
ConnecticutNext business dayNext regular payday$16.94 per hourYes, statewide
New YorkNext regular paydayNext regular payday$16.00 to $17.00 per hour (depends on the case)Yes, statewide
Vermont72 hoursNext regular payday$14.42 per hourYes, statewide
New HampshirePending verification. Official source (dol.nh.gov).Pending verification. Official source (dol.nh.gov).$7.25 per hourPending 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, 2026Amount
Taxable wage base per employee$15,000
Rates for experience-rated employers0.94% to 14.37%
New-employer rate2.42%
FUTA credit reductionNone 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?
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)

Checked Sep 25, 2026 · How we verify every rule · Report an error