State By State Employment Comparative Guide

1. Legal framework

1.1 What laws govern labor and employment in your state? What is their scope of application?

The various employment laws in Massachusetts are as follows:

the Fair Employment Practices Law—M.G.L. c. 151B, §§ 1 et seq.;
the Minimum Fair Wage Law—M.G.L. c. 151, §§ 1 et seq.;
the Massachusetts Equal Rights Act—M.G.L. c. 93, §§ 1 et seq.;
the Equal Pay Act—M.G.L. c. 149, §§ 105A—105C;
the Paid Family and Medical Leave Act—M.G.L. c. 175M, §§ 1 et seq.;
the Unemployment Insurance Law—M.G.L. c. 151A, §§ 1 et seq.; and
the Workers' Compensation Act—M.G.L. c. 152, §§ 1 et seq.

1.2 What rules and requirements apply to the classification of employees in your state?

Massachusetts law applies a three-pronged "ABC" test to determine whether a worker is an employee or independent contractor under wage and hour laws (Mass. Ann. Laws ch. 149, § 148B(a)).

Under the ABC test, an individual performing services is considered an employee unless:

he or she is free from control and direction in connection with the performance of the service, both under the contract for the performance of service and in fact;
the service is performed outside the usual course of the business of the employer; and
the individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed (Mass. Ann. Laws ch. 149, § 148B(a)).

1.3 Are employment contracts commonly used at all levels? If so, what types of contracts are used and how are they created? Must they be in writing and include specific information? Are implied clauses allowed? How are employment contracts revised and updated?

Employment contracts are commonly used at most levels. In general, most employees are "at will" (i.e., either party can terminate employment for any reason), but employers use offer letters in order to define the basic terms of employment (e.g., job duties, compensation, benefits). Employers also use restrictive covenant agreements to protect their confidential information, preserve goodwill or otherwise protect against the employee soliciting or competing against the employer for a period of time after employment. For higher-ranking employees, employment contracts may contain clauses to protect against termination of employment except in instances of "cause." Employment agreements follow the general principles of contract formation and amendment.

2. Labor relations

2.1 Has your state enacted right-to-work laws?

No. Massachusetts has not enacted right-to-work laws.

2.2 Is there a strong union presence in your state?

Massachusetts is considered a "pro-union" state. A union's presence varies significantly based on industry.

3. Recruitment

3.1 What rules and requirements apply to the advertisement of jobs and recruitment processes in your state?

The Fair Employment Practices Law prohibits employment discrimination on the basis of:

race;
color;
religious creed;
national origin;
sex;
gender identity;
sexual orientation;
genetic information;
pregnancy;
ancestry;
veteran status;
age;
disability; or
criminal history.

Massachusetts employers should ensure that:

job advertisements and job descriptions are free from any discriminatory language based on an individual's membership of one or more of the aforementioned protected classes in Chapter 151B; and
all job advertisements are accessible to those with qualifying disabilities, in compliance with the federal Americans with Disabilities Act (ADA).

Additionally, Massachusetts Governor Maura Healey recently signed into law an Act Relative to Salary Range Transparency (H.4890). Effective October 29, 2025, employers with 25 or more employees in Massachusetts will be required to disclose salary ranges in all job advertisements and postings intended to recruit applicants for particular positions (see M.G.L. c. 149, § 105F).

3.2 What rules and requirements apply to the following types of background checks in your jurisdiction?

(a) Criminal record

Under the Ban the Box Law, Massachusetts employers are generally prohibited from asking about an applicant's criminal history on job applications (see M.G.L. c. 151B, § 4(9)). While some exceptions exist, they are specifically reserved for employers that are legally prohibited from hiring individuals with criminal records (e.g., daycares and certain financial institutions).

Under Ban the Box, employers are prohibited from asking job applicants about:

arrests that did not result in conviction;
first offenses for enumerated misdemeanors;
misdemeanors for which the conviction or completion of incarceration occurred more than three years ago; and
criminal records that have been sealed or expunged (see id).

Moreover, Ban the Box prohibits employers from conducting criminal background checks until an applicant has:

completed an initial interview; or
been extended a conditional offer of employment.

Massachusetts employers are also prohibited from asking applicants to provide their own criminal offender record information (CORI). If an employer chooses to obtain a CORI report as part of its own background check, the employer must obtain written consent from the employee or applicant to do so (see M.G.L. c. 6, §§ 171A-172). If an employer chooses to hire a third party to conduct a criminal background check, the employer must also be sure to fulfill all requirements of the federal Fair Credit Reporting Act (FCRA). Notably, these include:

providing the applicant written notice of the employer's intent; and
obtaining the applicant's consent before conducting the background check.

(b) Medical history

Under Chapter 151B, Massachusetts employers are prohibited from making any employment decisions based on an employee's disability (see M.G.L. c. 151B, § 4(16); M.G.L. c. 151B, §§ 1(16)-(17)). Additionally, the federal Americans with Disabilities Act (ADA) imposes significant restrictions on the instances in which employers can ask employees and potential hires questions about their medical history.

As a general matter, employers may not ask questions regarding medical history or inquire whether a potential hire has a disability. Notwithstanding, an employer is permitted to ask specific questions to determine if a candidate is capable of performing the essential functions of the role for which he or she is applying. Additionally, an employer is permitted to ask medical questions or require a medical exam once a candidate has been extended a conditional offer of employment. However, an employer may do so only if it requires the same for all candidates for that particular role or job title.

Once hired, an employer may only ask medical questions or require a medical exam if:

an employee is seeking an accommodation; or
the employer no longer believes an employee can perform the essential functions of his or her job.

(c) Credit rating

In addition to the federal Fair Credit Reporting Act (FCRA), Massachusetts has its own law regulating an employer's ability to search the consumer credit reports of employees or potential hires: the Massachusetts Fair Credit Reporting Act (MFCRA) (see M.G.L. c. 93, § 51). In its current state, the language of the MFCRA is nearly identical to that of the FCRA (see Veal v. Portfolio Recovery, Inc., 2015 U.S. Dist. LEXIS 47059 (April 9, 2015)).

Under the MFCRA, employers are allowed to obtain credit information for employment purposes only if such information is relevant to an employee's role and responsibilities—for example, for roles in the financial services industry where an employee would be responsible for money management. The employer is required to:

provide the employee notice of its intent to obtain a consumer credit report; and
secure the employee's written consent to do so.

On March 14, 2024, the Massachusetts House of Representatives passed an Act Reducing Barriers to Employment Through Credit Discrimination (H.1434). The bill seeks to prohibit employers' ability to use credit information for employment purposes, with extremely limited exceptions. If the bill is signed into law, Massachusetts employers would be able to pull credit information for employment purposes only if they are:

an employer required to do so under state or federal law (e.g., banks, credit unions or registered security association); or
hiring for a position which requires national security clearance.

This new legislation is expected to pass in the Massachusetts State Senate and take effect on January 1, 2025.

(d) Social media presence

While Massachusetts employers may conduct background checks on an employee or potential hire's public social media presence, employers must ensure that such background checks comply with Massachusetts anti-discrimination laws. If an employer discovers information regarding an employee's membership of a protected class (see M.G.L. c. 151B, § 4), it must ensure that such information does not interfere with any employment-related decisions.

A common way to avoid liability in this scenario is for the employer to hire a third-party agency to conduct a background check on its behalf. The third-party agency will typically provide the employer with the results of a social media background check, with any protected information (e.g., the race, age or disability of the candidate) redacted so as to not influence the hiring process.

Employers must comply with the FCRA in relation to social media searches. Under the FCRA, if an employer decides to hire a third party to conduct a background check on a candidate or employee's social media presence, it must provide written notice of its intent and obtain the individual's consent before conducting the background check.

(e) Immigration status

While Massachusetts anti-discrimination law does not directly address immigration status, Chapter 151B prohibits employment discrimination on the basis of:

national origin;
genetic information; or
ancestry (see M.G.L. c. 151B, § 4).

Additionally, under the federal Immigration Reform and Control Act, employers are simultaneously prohibited from:

knowingly hiring undocumented workers; and
discriminating on the basis of citizenship or immigration status.

As a general matter, employers should be sure to establish uniform policies regarding immigration status and verification of work eligibility. Employers should apply these policies consistently, regardless of immigration status. Employers should only request proof of work authorization after providing a potential hire with a contingent offer of employment. While employers must use Form I-9 to verify employment eligibility, they may not discriminate against legally eligible workers on the basis of immigration status.

(f) Drug and alcohol testing

Massachusetts has no state-specific legislation directly regulating an employer's right to require drug and alcohol testing. However, Massachusetts employers that pursue drug and alcohol testing must comply with federal regulations and other Massachusetts laws on employee privacy and workplace discrimination.

In general, if employers want to carry out drug and alcohol testing, they should develop uniform policies that are consistently enforced. An employer's interest in drug and alcohol testing is strongest when such testing is necessary given the particular industry and employees' job responsibilities, to prevent accidents and ensure health and safety.

While incredibly case sensitive, employers should:

take reasonable steps to preserve employees' privacy in the course of testing (see M.G.L. 214, § 1B; Webster v. Motorola, 418 Mass. 425 (1994));
ensure testing does not discriminate based on an employee's membership of a protected class, such as age or race (see M.G.L. c. 151B, § 4); and
take into account certain prescription drugs that may be medically necessary to treat qualifying disabilities (see M.G.L. c. 151B, § 4(16)).

(g) Other

Under M.G.L. c. 149, § 105A, Massachusetts employers are prohibited from asking potential hires about their wage or salary history until a contingent offer (with disclosure of salary information) has been made.

Pursuant to M.G.L. c. 6, § 178D, information provided to the public through the online sex offender database may not be used by an employer to engage in illegal discrimination or harassment of a sex offender.

Massachusetts extends conditional privilege to individuals providing references for former employees or coworkers (see Doane v. Grew, 220 Mass. 171 (1915)). When providing information regarding the applicant's character and professional capabilities, an individual is typically free from liability for defamation.

4. Wage and hour issues

4.1 What laws govern wage and hour issues in your state?

M.G.L. c. 149 § 148 governs payment of wages and commissions.
MGL c. 149, § 150 provides for mandatory treble damages for wage law violations, as well as court costs and attorneys' fees.
MGL c. 149, § 152A governs service charges and tips.
MGL c. 151 governs minimum fair wages.
454 CMR 27.00 governs minimum wage regulations.
M.G.L. c. 151, § 1A governs overtime pay and exceptions.
MGL c. 136, § 6 governs overtime pay for retail employees and eliminates premium pay.
MGL c. 149, § 105A prohibits discrimination on the basis of gender in the payment of wages.
MGL c. 149, § 105F governs pay transparency and will take effect on October 29, 2025. For more information, see St. 2024, c. 141, an Act Relative to Salary Range Transparency.

4.2 What is the minimum wage in your state?

$15.00 per hour, as of January 1, 2023.

4.3 What rules and requirements apply to final paychecks and deductions from pay in your state?

M.G.L. c. 149 § 148 requires employers to pay employees who voluntarily leave employment in full on the following regular pay day or, in the absence of a regular payday, on the following Saturday. Any employee discharged or terminated from such employment must be paid in full (including pay for accrued but unused vacation leave) on the day of discharge.

MGL c. 149, § 150 provides for:

mandatory treble damages for wage law violations; and
recovery of the employee's court costs and attorneys' fees.

An employer cannot take deductions from pay unless:

it is expressly permitted to do so by law or court order (e.g., wage withholding taxes or court-ordered garnishments); or
the employee requested the deduction for his or her own benefit (e.g., to put money aside in a savings account).

4.4 What rules and requirements apply to daily and weekly rest breaks in your state?

Workers must be provided at least a 30-minute work-free meal break if they work more than six hours during a calendar day. This break may be unpaid. Employers may require workers to take their meal breaks. Employees may agree to work through their meal breaks, but they must be paid.

Most employers must allow a worker to have one day off after six consecutive days of work. This day off must include an unbroken period between 8 a.m. and 5 p.m.

4.5 What rules and requirements apply to overtime in your state?

M.G.L. c. 151, § 1A requires payment of 1.5 times an employee's regular hourly rate for work in excess of 40 hours in a work week and provides a list of exceptions.
MGL c. 151, § 1B provides for penalties for failure to pay overtime compensation.
MGL c. 149, § 30B governs overtime of state employees.

5. Leave

5.1 What rules and requirements apply in relation to parental leave in your state?

Massachusetts has enacted a far-reaching law establishing a Paid Family and Medical Leave Act (M.G.L. c. 175M, §§ 1 et seq.). Employers and employees contribute to the program. Eligible employees may take paid family and medical leave for the following reasons:

for an employee's own serious health condition (up to 20 weeks);
to bond with a child during the first 12 months after birth or the first 12 months after placement for adoption or foster care (12 weeks);
to care for a family member with a serious health condition (up to 12 weeks); or
to care for a family member who is a covered service member or for a qualifying exigency related to a family member being on active duty or being called to active duty (up to 26 weeks).

Massachusetts also has a parental leave law that requires covered employers to provide employees with up to eight weeks of unpaid parental leave per year per child (M.G.L. c. 149, § 105D).

5.2 What rules and requirements apply in relation to medical leave in your state?

See question 5.1.

5.3 What other types of leave are recognized in your state and what rules and requirements apply in this regard?

Paid sick leave (M.G.L. c. 149, § 148C): Up to 40 hours per year.
Jury duty leave (M.G.L. c. 268, § 14A; M.G.L. c. 234A, § 48; M.G.L. c. 234A, § 61): Employers are prohibited from terminating an employee who is serving on a jury. Employers must pay the employee his or her wages for the first three days of jury service.
Domestic violence victim leave (M.G.L. c. 149, § 52E): Employees can take up to 15 days of unpaid domestic violence victim leave for medical attention, counseling, court appearances or meetings with law enforcement officials, or to otherwise address domestic and/or sexual violence.
Voting time off (M.G.L. c. 149, § 178): Employees in any manufacturing, mechanical or mercantile establishment are entitled to take time off in order to vote during the first two hours after the polls are open.
Massachusetts Small Necessities Leave Act (SNLA) (M.G.L. c. 149A, § 52D): Employers with 50 or more employees must allow any employee that has been employed for at least 12 months and has worked for at least 1,250 hours in the previous 12-month period to take up to 24 hours of unpaid leave in order to participate in school-related activities for his or her child. The employee may elect, or the employer may require the employee, to use accrued paid time off in order to take SNLA leave.

6. Privacy and monitoring in the workplace

6.1 How are data protection rules applied in the workplace and how does this affect employees' privacy rights?

Data protection is governed by G.L. c. 93H, §§ 1-6 and 201 CMR 17.00. Employers are responsible for safeguarding the personal information of employees. This includes, without limitation:

developing, implementing and maintaining a comprehensive written information security program; and
training employees on the proper use of computer security systems.

Personal information includes:

home address;
social security number;
driver's license number; and
financial account numbers (including credit or debit cards).

6.2 What rules and requirements apply in relation to the following in your state?

(a) Employee surveillance

Employers are permitted to monitor an employee's usage of company-issued property (e.g., vehicles, laptops, cellphones). Employers are not permitted to monitor an employee's use of his or her personal property for personal reasons; however, an employer may be entitled to monitor that property for periods during which it is used for work purposes.

(b) Off-duty conduct

If an employee is using company property to perform off-duty conduct (e.g., a company-issued laptop or cellphone), the employer is entitled to monitor that conduct. An employer is not legally permitted to monitor an employee's use of personal property (e.g., a personal cell phone) for actions that are unrelated to work. That said, employers are entitled to:

take into account an employee's off-duty conduct that is not legally protected; and
take remedial action against an employee based on such conduct.

(c) Social media activity

Employers are entitled to monitor the social media activity of employees and may take remedial action against an employee for non-protected conduct on social media sites. If an employee uses company property to access social media platforms, the employer is entitled to monitor that usage.

(d) Firearms in the workplace

Employers are entitled to prohibit firearms in the workplace.

(e) Other

Employers are permitted to use artificial intelligence (AI) mechanisms to support them in determining whether an employee is:

complying with company policies and procedures; and
working the amounts of time reported by the employee.

An employer:

may not use AI systems in a manner that violates state or federal law; and
cannot rely solely on AI systems to make determinations related to:
- wage and hour; or
- whether an employee qualifies for taking medical leave.

7. Intellectual property

7.1 Who owns the intellectual property in works and inventions created by employees in the course of their employment?

The employer owns this intellectual property unless there is a written agreement between the employee and the employer stating otherwise.

7.2 What rules and requirements apply to the protection of trade secrets in the workplace in your state?

An employee may not use an employer's trade secrets that were created or utilized in the workplace. Such action may constitute a violation of the Massachusetts Uniform Trade Secrets Act (G.L. c. 93, § 42, et seq.). If an employee unlawfully uses trade secrets post-employment, he or she may be held liable for unfair and deceptive acts and practices under G.L. c. 93A.

8. Restrictive covenants

8.1 What types of restrictive covenants are enforceable in your state? What rules and requirements apply in this regard?

The following restrictive covenants are enforceable via written agreement:

confidentiality;
non-compete;
non-disclosure;
non-solicitation; and
use of trade secrets.

The written agreement should be signed by both parties.

A non-compete covenant may not be for a period longer than one year. Non-compete and non-solicitation covenants are permitted only:

to the extent necessary to prevent harm to the employer's goodwill; or
to guard against the release or use of trade secrets or other confidential information.

Protection from "ordinary competition" is not a legitimate business interest that permits enforcement of these covenants. Moreover, a non-compete agreement must:

be provided in exchange for compensation other than continued employment;
be provided along with an offer of employment; and
comply with certain requirements in order to be enforceable.

See M.G.L. c. 149, § 24L.

Further, non-competes are unenforceable for certain professionals, such as:

physicians;
nurses;
social workers; and
attorneys.

9. Discrimination and harassment

9.1 What actions are classified as unlawfully discriminatory in your state?

In addition to Title VII of the Civil Rights Act and other federal antidiscrimination legislation, the Massachusetts Fair Employment Practices Act prohibits discrimination on the basis of:

race;
color;
religious creed;
national origin;
sex;
gender identity;
sexual orientation;
genetic information;
pregnancy;
ancestry; or
veteran status.

See M.G.L. c. 151B, § 4.

Massachusetts law also affords protection from discrimination on the basis of age and disability (see M.G.L. c. 151B, § 4(1B); M.G.L. c. 151B, § 4(16)).

The protections outlined in M.G.L. c. 151B apply to all employment decisions. These include, but are not limited to, decisions regarding:

hiring, promoting, demoting or dismissing employees; and
compensation and job assignments.

Massachusetts employers must also provide reasonable accommodation for:

the religious needs of an employee (M.G.L. c. 151B, § 4(1A)); and
employees with qualifying disabilities (M.G.L. c. 151B, § 4(16)).

For more information regarding what constitutes a qualified disability, see M.G.L. c. 151B, §§ 1(16)-(17).

9.2 Are there specified groups or classifications entitled to protection in your state?

Under M.G.L. c. 151B, Massachusetts law prohibits discrimination on the basis of:

race;
color;
religious creed;
national origin;
sex;
gender identity/expression;
sexual orientation;
genetic information;
pregnancy;
ancestry;
familial status;
veteran status;
criminal record;
age; or
disability.

9.3 What protections and remedies are available against discrimination in the workplace in your state?

In the event an employee believes he or she has faced a violation of M.G.L. c. 151B, he or she is entitled to file a complaint with the Massachusetts Commission Against Discrimination (MCAD) within 300 days of the alleged discriminatory act (see M.G.L. c. 151B, § 5). Additionally, the employee has the right to remove the case to Superior Court by requesting permission from MCAD within 90 days of filing the MCAD complaint, if MCAD has not yet completed its investigation of the matter (see M.G.L. c. 151B, § 9).

If MCAD finds an employer has committed a violation of M.G.L. c. 151B, available remedies include, but are not limited to:

reinstatement;
back pay;
front pay;
compensatory damages;
mandated changes to employer policies; and
reasonable attorneys' fees.

Under M.G.L. c. 151B, § 5, MCAD may also impose a civil penalty up to $50,000. If an aggrieved employee brings suit against his or her employer in Superior Court, the court may also award punitive damages and other forms of injunctive relief.

9.4 What protections and remedies are available against harassment, bullying and retaliation/victimization in your state?

In addition to prohibiting employment discrimination, Chapter 151B prohibits harassment based on an employee's actual or perceived membership of a protected class. Massachusetts employers are also required to adopt a sexual harassment policy (see M.G.L. c. 151B, § 3A).

An employer may be held liable not only for the harassment of employees by managers or supervisors, but also for harassment by coworkers and certain non-employees (e.g., clients or customers). If an employee experiences harassment in the workplace, he or she may file a complaint with MCAD within 300 days of the incident. An employee may also choose to file a claim in Superior Court once either:

MCAD has provided written permission to pursue the claim; or
90 days have passed since the filing of the employee's complaint without resolution of the matter.

Furthermore, Chapter 151B explicitly prohibits retaliation based on:

an employee's opposition to employment discrimination practices;
an employee filing a discrimination complaint; or
an employee's participation in a discrimination investigation or proceeding.

See M.G.L. c. 151B, § 4(4).

Massachusetts also has laws preventing employers from retaliating against:

whistleblowers (M.G.L. c. 149, § 185);
employees who take advantage of the Massachusetts Family and Medical Leave Act (M.G.L. c. 149, § 105D); and
employees who file workers' compensation claims (M.G.L. c. 152, § 75B).

Just as with discrimination and harassment, aggrieved employees may:

file a retaliation complaint with MCAD; or
pursue a claim in Superior Court once administrative remedies have been exhausted.

10. Disciplinary proceedings and dismissals

10.1 What rules and requirements apply to disciplinary proceedings in your state?

As a preliminary matter, Massachusetts employers should take the time to develop policies and procedures regarding employee discipline. Such policies are typically contained in an employee handbook or policy manual. Once such policies have been established, employers should ensure that all employees:

are aware of existing policies; and
have received a copy of the employee handbook, if applicable.

In the event an employee must be disciplined, the employer should:

apply its policies consistently; and
follow a process of progressive discipline.

While an employer may commence the employee discipline process by simply giving a verbal warning, it should make a practice of documenting every step of the disciplinary process. This includes:

noting the dates and times of any verbal warnings or disciplinary conversations (as well as the content of any such meetings);
retaining copies of any written warnings and responses; and
keeping detailed notes and any related emails or documents evidencing why disciplinary action was taken.

Employers should also keep in mind Massachusetts anti-discrimination laws (M.G.L. c. 151B) and anti-retaliation laws (M.G.L. c. 149, § 148A; M.G.L. c. 149, § 185; M.G.L. c. 175M, § 9) when making decisions regarding employee discipline, including suspension and termination.

10.2 What rules and requirements apply to individual dismissals in your state?

Most employees in Massachusetts are considered "at-will" employees. An employer can terminate an at-will employee at any time, for any legal reason (or for no reason at all) (see Wright v. Shriners Hosp. for Crippled Children, 412 Mass. 469, 472 (1992); Jackson v. Action for Boston Community Dev., Inc., 403 Mass. 8, 9 (1988)).

Still, employers should be aware of the numerous Massachusetts laws protecting individual employees in the context of dismissal. These include laws prohibiting discrimination on the basis of "race, color, religious creed, national origin, sex, gender identity, [and] sexual orientation" (M.G.L. c. 151B, § 4). Massachusetts also has several of its own specific anti-retaliation laws—for example:

M.G.L. c. 149, § 148A, prohibiting retaliation against employees seeking to enforce wage and hour provisions;
M.G.L. c. 149, § 185, prohibiting retaliation against whistleblowers; and
M.G.L. c. 175M, § 9, prohibiting retaliation against employees exercising rights under the Paid Family and Medical Leave Act.

In addition, Massachusetts employers should be aware of their obligation to:

pay terminated employees any remaining wages by the employee's last day of employment (M.G.L. c. 149, § 148); and
provide an employee a copy of his or her personnel file upon written request (M.G.L. c. 149, § 52C).

As a general rule, employers should follow the policies and procedures outlined in the employee handbook or consult an attorney regarding dismissal of an employee who is subject to the provisions of an individual employment contract.

10.3 What rules and requirements apply to collective dismissals in your state?

Employers in Massachusetts must comply with the federal Worker Adjustment and Retraining Notification (WARN) Act of 1988. Title 29, Chapter 23 of the U.S. Code applies to employers with 100 or more full-time employees. Under the WARN Act, employers must provide notice to MassHire Rapid Response, local government and employees or their respective union representatives at least 60 days before a mass layoff or plant closure. This includes providing adequate notice before:

mass layoffs affecting 500 or more full-time employees at a single worksite;
mass layoffs affecting at least 50 full-time employees, if more than one-third of an employer's total workforce;
plant closures affecting 50 or more employees; and
any plant closures or mass layoffs longer than 90 days.

If an employer fails to comply with the WARN Act's notice period, it can be held liable for:

up to 60 days of backpay and benefits to affected employees;
a $500 fine for each day it failed to notify; and
reasonable attorneys' fees.

The WARN Act provides limited exceptions to employers' strict notice requirements in the case of:

a faltering company, as applied only to plant closures;
unforeseeable business circumstances; and
natural disasters.

Massachusetts also has its own laws specifically imposing notice requirements for plant closings and companies funded by quasi-public agencies (see M.G.L. c. 151A, §§ 71A-71G; M.G.L. c. 149, § 182).

11. Disputes

11.1 How are employment disputes generally dealt with in your state?

Massachusetts is an employee "at-will" state, meaning that employees may be terminated for any non-discriminatory reason. As such, non-discriminatory disputes are generally governed by the employer's practices for handling disputes, which may be set forth in its employment policies.

Discrimination claims must be initiated by filing a complaint with the Massachusetts Commission Against Discrimination (MCAD) within 300 days of the discriminatory act.

Wage disputes must be initiated by filing a complaint with the Attorney General's Office. After filing the initial claim, an employee must obtain leave to file a lawsuit by requesting a private right to sue from the Attorney General's Office within 90 days of filing the claim. After 90 days from initiating the claim, the employee has the right to file a lawsuit.

11.2 Are mandatory arbitration clauses enforceable?

Yes, subject to general contract principles.

11.3 Are employment class actions common in your state?

Employment class actions are becoming more common but remain less frequent than individual claims.

11.4 What are the typical procedures and timeframes for the resolution of employment disputes in your state?

Discrimination claims must be initiated by filing a complaint with the MCAD within 300 days of the discriminatory action.

Wage disputes must be initiated by filing a complaint with the Massachusetts Attorney General's Office. After filing the initial claim, an employee must obtain leave to file a lawsuit by requesting a private right to sue from the Attorney General's Office within 90 days of filing the claim. After 90 days from initiating the claim, the employee has the right to file a lawsuit.

A lawsuit must be filed for most wage and hour violations within three years of the violation.

12. Trends and predictions

12.1 How would you describe the current employment landscape and prevailing trends in your state? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

Massachusetts is considered a pro-employee state and has a progressive agenda on employee rights. In February 2025, the new pay transparency act will take effect. This is part of an overall trend in Massachusetts to close the gender wage gap.

13. Tips and traps

13.1 What are your top tips for navigating the employment regime in your state and what potential sticking points would you highlight?

Massachusetts statutes, regulations and case law tend to favor the employee rather than the employer. It is paramount that employers (and counsel):

ensure proper and consistent recordkeeping; and
confirm that any workplace policies and/or agreements are signed by the employee.

As employers may be responsible for paying an employee's attorneys' fees for various violations, employers should consult with counsel prior to taking any adverse action against a current or former employee.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.