Massachusetts Labor Laws

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Your order contains the following state posters: Name of Poster Unemployment Insurance Workers' Compensation Minimum Wage Fair Employment Law Parental Leave Small Necessities Leave Act Child Labor Law Sexual Harassment Right to Know No Smoking Maternity Leave Fact Sheet Fair Housing Posting Requirements All employers All employers All employers All employers Recommended Recommended Recommended if employer hires children under 18 Recommended All employers All employers Recommended All employers Agency Responsible Division of Employment and Training Department of Industrial Accidents Attorney General's Fair Labor and Business Practices Div MA Commission Against Discrimination Attorney General's Fair Labor and Business Practices Div Attorney General's Fair Labor and Business Practices Div Department of Public Health MA Commission Against Discrimination Department of Labor and Workforce Development Department of Public Health MA Commission Against Discrimination MA Commission Against Discrimination Printing and Posting Instructions 1.) 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Massachusetts Posting Instructions.doc Information on Employees' Unemployment Insurance Coverage Employer name Employer DUA ID # Address Employees of this business or organization are covered by Unemployment Insurance, a program financed entirely by Massachusetts employers. No deductions are made from your salary to cover the cost of your Unemployment Insurance benefits. If you lose your job, you may be entitled to collect Unemployment Insurance. Outlined below is the information you need in order to file a claim for Unemployment Insurance benefits. Before you file Your employer will give you a copy of the pamphlet: How to File for Unemployment Insurance Benefits, supplied by the Massachusetts Division of Unemployment Assistance (DUA). On the front of the pamphlet is a space to write down your employer's DUA identification number. That number is shown at the top of this poster. Having the number will help in the filing of your claim. WALK-IN You can file your claim in person Unemployment Insurance Walk-In services are available at One-Stop Career Centers in communities throughout Massachusetts. Services include assistance with filing a new claim for Unemployment Insurance, reopening an existing claim, or resolving problems with your current claim. For the address of the nearest Ul Walk-In site, call 617-626-6560. After hearing the greeting, enter the number 331 on the keypad of a touch tone telephone. When you are asked to do so, enter the first five digits of your zip code. You will be given the address of the Walk-in Center nearest you. You can also find the addresses of all Walk-in Centers in Massachusetts on the DUA web site at www.mass.gov/dua. Select “office locator” on the home page. You can file over the telephone Unemployment Insurance services are also available by telephone. You can file a new claim for Unemployment Insurance, reopen a current claim, be interviewed if there are issues that affect your eligibility, obtain up-to-date information on the status of your claim and benefit payment check, and resolve problems - all by telephone. When you call the TeleClaim Center, you will be asked to enter your social security number and the year you were born - using the numbers on a touch-tone telephone. You will be transferred to an agent who will take the information necessary to file your claim. Call the TeleClaim Center at 1-877-626-6800 if you are calling from the following area codes: 351, 413, 508, 774, and 978 Call the TeleClaim Center at 617-626-6800 if you are calling from any other area code. IMPORTANT Massachusetts General Law, Chapter 151A, Section 62A requires that this notice be displayed at each site operated by an employer, in a conspicuous place, where it is accessible to all employees. It must include the name and mailing address of the employer and the identification number assigned to the employer by the Division of Unemployment Assistance. Commonwealth of Massachusetts Mitt Romney, Governor Kerry Healey, Lt. Governor Jane C. Edmonds, Director, Department of Workforce Development Edward T. Malmborg, Acting Director, Division of Unemployment Assistance www.mass.gov/dua An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. TDD/TTY 1-800-439-2370 - Voice 1-800-439-0183 Form 2553-A Rev. 06-06 LMA01 Print Date: 2/07 NOTICE TO EMPLOYEES NOTICE TO EMPLOYEES The Commonwealth of Massachusetts DEPARTMENT OF INDUSTRIAL ACCIDENTS 600 Washington Street, Boston, Massachusetts 02111 617-727-4900 - http//www.mass.gov/dia As required by Massachusetts General Law, Chapter 152, Sections 21, 22 & 30, this will give you notice that I (we) have provided for payment to our injured employees under the above mentioned chapter by insuring with: NAME OF INSURANCE COMPANY ADDRESS OF INSURANCE COMPANY POLICY NUMBER EFFECTIVE DATES NAME OF INSURANCE AGENT ADDRESS PHONE # EMPLOYER ADDRESS EMPLOYER’S WORKERS COMPENSATION OFFICER (IF ANY) DATE MEDICAL TREATMENT The above named insurer is required in cases of personal injuries arising out of and in the course of employment to furnish adequate and reasonable hospital and medical services in accordance with the provisions of the Workers’ Compensation Act. A copy of the First Report of Injury must be given to the injured employee. The employee may select his or her own physician. The reasonable cost of the services provided by the treating physician will be paid by the insurer, if the treatment is necessary and reasonably connected to the work related injury. In cases requiring hospital attention, employees are hereby notified that the insurer has arranged for such attention at the NAME OF HOSPITAL ADDRESS TO BE POSTED BY EMPLOYER LMA02 Massachusetts Wage & Hour Laws Fair Labor Hotlines Monday through Friday, 9:00 a.m. to 5:00 p.m. Minimum Wage $8.00 Effective January 1, 2008 M.G.L. chapter 151, sections 1 and 2 The minimum wage law applies to all employees except those being rehabilitated or trained in charitable, educational, or religious institutions; members of religious orders; agricultural, floricultural, and horticultural workers; those in professional service; and outside salespersons not reporting to or visiting their office daily. For further information regarding the Massachusetts state minimum wage, contact the Massachusetts Division of Occupational Safety at (617) 6266975 or visit www.mass.gov/dos. Wait staff, service employees and service bartenders may be paid the service rate of $2.63 per hour if they regularly receive tips of more than $20 a month, and if their average hourly tips, when added to the service rate, are equal to or exceed the basic minimum wage. M.G.L. chapter 151, section 7. Agricultural employees may be paid $1.60 per hour. M.G.L. chapter 151, section 2A. A higher rate may apply under Federal law. For more information, contact the U.S. Department of Labor at (617) 624-6700 or visit www.dol.gov/esa/whd. Boston: (617) 727-3465 New Bedford: (508) 990-9700 Springfield: (413) 784-1240 Worcester: (508) 792-7600 Office of Massachusetts Attorney General Martha Coakley June 2008 Fair Labor Division • One Ashburton Place • Boston, MA 02108 (617) 727-2200 • (617) 727-4765 TTY www.mass.gov/ago • www.laborlowdown.com • www.mass.gov/ago/youthemployment Total proceeds of a tip or service charge contained in a bill must be remitted only to wait staff employees, service employees or service bartenders in proportion to the service provided by those employees. Under no circumstances may management employees or owners receive any portion of their employees' tips. MEAL BREAKS M.G.L. chapter 149, sections 100 and 101 Employees who work a period of more than six hours are entitled to a 30-minute meal break. Employees must be relieved of all duties during the meal break. Compensation for the 30-minute meal break must be paid if the employee has voluntarily agreed to waive his or her meal break by (1) working through his or her meal break, or (2) agreeing to remain on premises during the meal break. This law does not apply to: iron works, glass works, paper mills, letterpress establishments, print works, bleaching works or dyeing works. Exemptions may be granted for other continuous processes in factories, workshops or mechanical establishments, or under other special circumstances. PAYMENT OF WAGES M.G.L. chapter 149, section 148 Wages (payment for all hours worked, including tips, earned vacation pay, holiday pay, and definitely determined commission) must be paid within the following time periods: • If employed for five or six days in a calendar week: within six days of the end of the pay period during which the wages were earned; • If employed seven days in a calendar week: within seven days of the end of the pay period during which the wages were earned; • An employee who has worked for a period of less than five days (also known as a casual employee): within seven days of the end of the period. An employee who resigns his or her employment must be paid in full on the following regular pay day, or in the absence of a regular pay day, no later than the following Saturday. An employee involuntarily terminated from employment, or laid off, must be paid in full on the day of discharge. Employees who are paid on an hourly basis must be paid weekly or bi-weekly. Employers may not make agreements with employees to be paid in another manner. Employers must give each employee a pay statement setting forth the name of employer, name of employee, date of check (including the day, month and year), number of hours worked during the pay period, hourly rate, and all deductions or increases made during the pay period. This statement must be provided with each payment of wages. LMA03/1 TRAVEL TIME 455 CMR 2.03(4) Ordinary travel between home and work is not compensable working time. However, if an employee who regularly works at a fixed location is required, for the convenience of the employer, to report to a location other than his or her regular work site, the employee shall be compensated for all travel time in excess of his or her ordinary travel time between home and work. An employee required or directed to travel from one place to another after the beginning of or before the close of the work day shall be compensated for all travel time. Deductions: No deduction, other than those required or allowed by law and those listed in 455 CMR 2.04(l)(a) and (b), shall be made from the basic minimum wage. REPORTING PAY 455 C.M.R. 2.03(1) When an employee who is scheduled to work three or more hours reports for duty at the time set by the employer, and that employee is not provided with the expected hours of work, the employee shall be paid for at least three hours on such day at no less than the basic minimum wage. This provision shall not apply to organizations granted status as charitable organizations under the Internal Revenue Code. TIPS M.G.L. chapter 149, section 152A Tip pooling in which tips are distributed to any person not a wait staff, service employee or service bartender is prohibited. CHILD LABOR TIME AND HOUR RESTRICTIONS* M.G.L. chapter 149, sections 60 through 73 Employment permits are required for minors under age 18. Employment permits must be issued for and maintained at the site where the minor is working. Employment permits are issued by the superintendent of schools in the city or town where the minor attends school or lives. For information on obtaining an employment permit, please contact the Division of Occupational Safety at (617) 626-6975 and or visit www.mass.gov/dos. 14-15 YEAR OLD MINORS 14-15 year old minors may NOT be employed: • during school hours EXCEPT as provided in approved work experience and career exploration programs • between 7:00 p.m. and 7:00 a.m. EXCEPT from July 1 through Labor Day, when they may work until 9:00 p.m. • more than 3 hours per day during school weeks, not more than 8 hours per day during weeks when school is not in session • more than 18 hours per school week EXCEPT in approved work experience and career exploration programs, in which case, they may work 23 hours • more than 40 hours per week when school is not in session • more than 6 days per week 16-17 YEAR OLD MINORS 16-17-Year-Old minors may NOT be employed between 10:00 p.m. and 6:00 a.m. EXCEPT: when an establishment stops serving customers at 10:00 p.m., the minor may work until 10:15 p.m.; • on nights not preceding a regularly scheduled school day they may work until 11:30 p.m.; and • in restaurants and race tracks, they may work until 12:00 a.m. on nights not preceding a regularly scheduled school day. 16-17 year old minors may NOT be employed: • more than 9 hours per day; • more than 48 hours per week; • more than 6 days per week. • *The Federal Fair Labor Standards Act, enforced by the U.S. Department of Labor, also restricts the employment of minors. This list combines the most restrictive state and federal time and hour requirements. HAZARDOUS OCCUPATION RESTRICTIONS** Minors 14-15 years of age are prohibited from certain occupations, industries and tasks. For example, 14-15 year old minors may not work in or around manufacturing facilities or factories, mechanical establishments where machinery is used, on construction sites, in garages or tunnels. Minors 16-17 years of age are prohibited from certain occupations, industries and tasks. For example, they may not work in or around blast furnaces or anywhere explosives are manufactured. All minors are prohibited from working any job requiring the possession or use of a firearm. **This is not an exhaustive list. For a complete list of prohibited occupations for minors 14-15 and 16-17 years of age, please contact the Fair Labor and Business Practices Division or visit www.ago.state.ma.us and the U.S. Department of Labor at (617) 624-6700 or visit www.dol.gov. SUPERVISION REQUIREMENTS After 8:00 p.m., all minors must have the direct and immediate supervision of an adult supervisor who is located in the workplace and is reasonably accessible to the minor, unless the minor works at a kiosk, cart or stand in the common area of an enclosed shopping mall that has security from 8:00 p.m. until the mall is closed to the public. OVERTIME LMA03/2 M.G.L. chapter 151, section 1A Employees must be paid at least one and one-half times their regular hourly rate of pay for all hours in excess of 40 per week. The overtime rate for employees who receive the service rate must be calculated based upon the basic minimum wage. Certain categories of employment are exempt from the state overtime requirement†, including: • • • • • • • • • as a janitor or caretaker of residential property, who when furnished with living quarters is paid a wage of not less than $30 per week as a golf caddy, newsboy or child actor or performer as a bona fide executive, administrator, professional person or a qualified trainee for such position earning more than $80 per week as an outside salesman or outside buyer as a learner, apprentice or handicapped person under a special license as provided in section nine as a fisherman or as a person employed in the catching or taking of any kind of fish, shell fish or other aquatic forms of animal and vegetable life as a switchboard operator in a public telephone exchange as a driver or helper on a truck with respect to whom the Interstate CommerceCommission has power to establish qualifications and maximum hours of service by a common carrier of passengers by motor-vehicle • • • • • • • • • • • †Note that some of these occupations may not be exempt under federal law. in a business which is operated during a period or accumulated periods not in excess of 120 days in a year, and determined by the Director of the Department of Labor to be seasonal in nature as a seaman in a hotel, motel, motor court or like establishment in a gasoline station in a restaurant as a garageman, which term shall not include a parking lot attendant in a hospital, sanatorium, convalescent or nursing home, infirmary, rest home or charitable home for the aged in a nonprofit school or college in a summer camp operated by a nonprofit charitable corporation as a laborer engaged in agriculture and farming on a farm in an amusement park containing a permanent aggregation of amusement devices, games, shows, and other attractions operated during a period or accumulated periods not in excess of 150 days in any one year EMPLOYEE’S RIGHT TO SUE Employees who prevail in their lawsuits are entitled to back pay, triple damages, attorneys’ fees and litigation costs. M.G.L. chapter 149, section 150 Employees have the right to bring private lawsuits against their employers on behalf of themselves and other similarly situated employees under the following wage and hour laws: M.G.L. chapter 149, sections 27, 27F, 27G, 27H, 33E, 52D, 148, 148A, 148B, 150, 150C, 152, 152A, 159C; and chapter 151, sections 1B, 19 and 20. For violations of chapter 149 and chapter 151, section 19, employees must first file a complaint with the Attorney General’s Office (and wait 90 days or obtain permission from the Attorney General to proceed with a private lawsuit before the 90-day period has passed) before filing in court. Any lawsuit under these provisions must be filed in court within three years after the violation(s). For violations of chapter 151, sections 1B and 20, employees do not need to file with Attorney General’s Office, but must file in court within two years after the violation(s). INSPECTION OF PAYROLL RECORDS SMALL NECESSITIES LEAVE ACT M.G.L. chapter 151, section 15 Employees have a right to inspect their own payroll records at reasonable times and places. Such records must be kept for two years and must include: a true and accurate record of the name, address and occupation of the employee, of the amount paid each pay period and of the daily and weekly hours worked by the employee. M.G.L. chapter 149, section 52D Certain employees are permitted to take a total of 24 hours of unpaid leave during any 12-month period in order to: (1) participate in school activities directly related to the educational advancement of a son or daughter of the employee; (2) accompany the son or daughter of the employee to routine medical or dental appointments; (3) accompany an elderly relative of the employee to routine medical or dental appointments or appointments for other professional services related to the elder’s care. Employees are eligible for the 24 hours of leave if: (1) their employer has 50 or more employees; (2) they have been employed for at least 12 months by the employer; and (3) the employee has worked for at least 1,250 hours for the employer during the previous 12-month period. For more information, visit the Attorney General’s Office website at www.mass.gov/ago. NO RETALIATION M.G.L. chapter 149, section 148A, chapter 151, section 19 No employee shall be penalized by an employer or in any way discriminated against because he or she has made a complaint or otherwise sought to enforce rights under the wage and hour provisions of chapters 149 and 151. WORKPLACE NOTICE: This workplace notice is issued in accordance with the provisions of Massachusetts General Laws M.G.L. c. 151, §16 and the Code of Massachusetts Regulations 455 C.M.R. §2.06(1), which require that employers post it in a conspicuous location. LMA03/3 Print Date: 7/08 FAIR EMPLOYMENT LAW The Fair Employment Law declares that it is illegal to discriminate on the basis of race, color, religious creed, national origin, sex, sexual orientation, genetic information, military service, age, ancestry or disability IT IS UNLAWFUL: • to print or circulate any advertisement or use any application form which directly or indirectly specifies any limitation on the basis of race, color, religious creed, national origin, sex, sexual orientation,genetic information, military service, age, ancestry or disability. • to discharge or refuse to hire any individual on the basis of their race, color, religious creed, national origin, sex, sexual orientation, genetic information, military service, age, ancestry, or disability. • to discriminate against any individual in matters relating to compensation, terms, conditions, or privileges of employment because of their race, color, religious creed, national origin, sex, sexual orientation, genetic information, military service, age, ancestry or disability. • to require a women to leave her job at some arbitrary stage in her pregnancy or to refuse to let her return to work until a specified time set by the employer. • to refuse to grant a female employee at least eight weeks leave for purposes of childbirth or to treat her absence differently than any other absence due to disability. • to require an employee to remain at work during any day or part thereof that s/he observes as a religious holiday provided that the employee gives a ten-day notice and the absence does not cause undue hardship to the employer. • to discharge or refuse to hire any person because of their failure to furnish information concerning admission to a center for the treatment of mentally ill persons. • to discriminate against a job applicant for failure to furnish information, written or oral, concerning: A) an arrest, detention or disposition regarding a violation of law in which no conviction resulted; B) a first conviction for any of the following misdemeanors: driving under the influence, simple assault, speeding, minor traffic violations, disturbance of the peace; or C) conviction for a misdemeanor where the date of the conviction or end of period of incarceration, if any, occurred more than five years prior to the employment application, and the applicant has not been convicted of any offense within the five years immediately before the date of application. RETALIATION: It is illegal to retaliate against any person because s/he has opposed any practices forbidden under this Chapter or because s/he has filed a complaint, testified, or assisted in any proceeding before the Commission. It is also illegal to aid, abet, incite, compel or coerce the doings of any of the acts forbidden under this Chapter or to attempt to do so. SEXUAL HARASSMENT 151B:1,18 The term “sexual harassment” shall mean sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions: (b)such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment. COMPLAINTS All complaints must be filed in writing. Information on the filing of complaints can be obtained by contacting the MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION at the following locations: Boston office: One Ashburton Place Room 601 Boston, MA 02108 (617) 994-6000 voice (617) 994-6196 TTY Springfield office: 436 Dwight Street Suite 220 Springfield, MA 01103 (413) 739-2145 THE MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION 2004 Section 7 of M. G. L. cl5lB MANDATES THE POSTING OF THIS NOTICE. LMA04 MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION FACT SHEET ON PARENTAL LEAVE Under federal and state law, certain employees may take an unpaid leave from work at the birth or adoption of a child. Federal and state law may also allow a pregnant woman who develops a serious health condition to take an unpaid leave of absence if her doctor certifies the need for such a leave. Parental Leave Massachusetts Maternity Leave Act, M.G.L. c. 149, § 105D, allows a female employee to take up to 8 weeks of unpaid leave at (1) the birth of a child, (2) the adoption of a child under 18 years old, or (3) the adoption of a person under 23 years old who is mentally or physically disabled. Eligibility: To be eligible, the employee must have worked for the employer in a full-time position for at least 3 months or finished a probationary period (which cannot exceed 6 months), and the employer must employ at least 6 employees. The employee must give the employer 2 weeks notice of her departure date and notice that she intends to return to her job. Job restoration: Under most circumstances, the employer must restore the employee to her job or to a reasonably similar position with the same status, pay, length of service credit and seniority. Male employees: Because state and federal law prohibit sex discrimination in employment, male employees may have a right to take the same 8 weeks of leave a female employee is entitled to take at the adoption of a baby, and to take a certain amount of leave at the birth of a child. The MCAD enforces the Massachusetts Maternity Leave Act. If you think your employer has violated this law, contact the MCAD. Family & Medical Leave Act (“FMLA”), 29 U.S.C. § 2601, is a federal statute that allows eligible male and female employees to take up to 12 weeks of unpaid leave at the birth or adoption of a child. Eligibility: To be eligible, your employer must have 50 or more employees; and you must have worked for your employer for 12 months and at least 1,250 hours in the prior year. Job restoration: The employer ordinarily must restore you to the same or equivalent job when your FMLA leave ends. The employer can require the employee to use paid leave, such as vacation time, personal leave, or sick leave, for parental leave taken under the FMLA. For more detailed information on rights and obligations under the FMLA contact the U.S. Department of Labor, Wage & Hour Division. Pregnancy-Related Disability Leave If an employee develops a serious health condition during pregnancy, and her doctor certifies her need for leave, she may be able to take unpaid leave under the FMLA or she may be considered to be a “qualified handicapped person” entitled to a leave of absence as a reasonable accommodation. See MCAD Fact Sheet on Employment Discrimination on the Basis of Disability. You may be entitled to leave in addition to the (8) weeks as accommodation for a pregnancy-related disability. Use of Paid Leave The employer may restrict the use of paid sick leave to leave taken by a female employee at the birth of a child or leave taken because of a pregnancy-related health condition. Employer’s Parental Leave Policies Must Be Consistent with Other Leave Policies * If the employer provides pay for all other leaves of absence, the employer must also provide pay for parental leave. * If the employer provides pay for only medical leaves of absence, the employer must also provide pay for a pregnancy-related disability, but is not required to provide pay for leaves involving normal pregnancies, adoption by female employees, or leaves involving birth or adoption by male employees. * If the employer provides pay for benefits, plans, or programs associated with other types of temporary disability, the employer must provide pay for benefits, plans or programs associated with birth-related parental leave taken by female employees. * Any employer policy or collective bargaining agreement that provides for greater or additional benefits than those required by law must be followed. Employees should consult their personnel officer, benefits officer, or union officer to receive the most current information about their employer’s parental leave policies. If you believe you have been discriminated against, contact the MCAD immediately because, in most circumstances, you must file a charge at the MCAD within 300 days of the alleged discriminatory action. LMA05 YOUR RIGHTS UNDER AN ACT PROVIDING EMPLOYEES LEAVE FOR CERTAIN FAMILY OBLIGATIONS M.G.L. c.149, §52D The Small Necessities Leave Act mandates that certain employers provide up to 24 hours of unpaid leave during any twelve month period to “eligible employees.” This leave is in addition to the twelve weeks already allowed under the Federal Family and Medical Leave Act. Employees are eligible for the 24 hour leave under the statute if their employer has 50 or more employees working within 75 miles of the worksite of the employee requesting the leave. In addition, the employee must (i) have been employed for at least 12 months by the employer from whom the leave is requested, and (ii) provided at least 1,250 hours of service for the employer during the immediately previous 12 month period. REASONS FOR TAKING LEAVE: The 24 hour unpaid leave may be taken for any of the following reasons: to participate in school activities directly related to the educational advancement of a son or daughter of the employee, such as parent-teacher conferences or interviewing for a new school; or to accompany the son or daughter of the employee to routine medical or dental appointments, such as check-ups or vaccinations; or to accompany an elderly relative of the employee to routine medical or dental appointments or appointments for other professional services related to the elder’s care, such as interviewing at nursing or group homes. . . . . . NOTICE REQUIREMENT/CERTIFICATION: To be entitled to the leave, employees must provide notice to the employer as follows: if the need for leave is foreseeable, the employee must request the leave not later than 7 days in advance; if the need is not foreseeable, the employee must notify the employer as soon as practicable under the particular circumstances of the individual case. To the extent possible, employees must provide written notice to the employer. If not feasible, employees may request leave orally. Certificates and/or requests for leave provided by employees must be kept in the employees personnel record and must be maintained for three years in accordance with G.L. c. 149, §52C. Records and documents relating to medical certifications or medical histories of employees’ family members must be maintained as confidential medical records and kept in separate files from the usual personnel files. UNLAWFUL ACTS BY EMPLOYERS: A violation of the Act occurs when the employer: fails to provide the time requested by the eligible employee; or fails to restore the employee to the position held by the employee when the leave commenced, or fails to restore the employee to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment; or discharges or in any manner discriminates against any individual for opposing any practice made unlawful by the Act; or in any other manner discriminates against any individual because the individual: - has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to the Act; or - has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under the Act; or - has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under the Act. . . . . ENFORCEMENT: The Act authorizes the Attorney General to initiate either a criminal action against an employer who violates the Act and/or to seek injunctive relief against such employer. Any employer convicted of a criminal violation of the Act is subject to a $500 fine. In addition, any aggrieved employee may institute a civil action for injunctive relief and/or damages against his or her employer. Should the employee prevail, he or she will be entitled to treble damages, costs of the litigation and reasonable attorney’s fees. FOR ADDITIONAL INFORMATION: Contact the Attorney General’s Fair Labor and Business Practices Division in Boston at (617) 727-3465, or in Springfield at (413) 784-1128. THOMAS F. REILLY ATTORNEY GENERAL LMA06 Child Labor Laws in Massachusetts* Legal Work Hours for Minors 14 & 15 Year Olds Work Hours During the school year: • Only between 7 am and 7 pm • Not during school hours During the summer (July 1-Labor Day): • Only between 7 am and 9 pm Maximum Hours When school IS in session: • 18 hours per week • 3 hours per day on school days • 8 hours per day on weekends and holidays • 6 days per week When school IS NOT in session: • 40 hours per week • 8 hours per day • 6 days per week 2007 Maximum Hours ALL year round: • 48 hours per week • 9 hours per day • 6 days per week 16 & 17 Year Olds Work Hours ALL year round: • Only between 6 am and 10 pm on nights preceding a regularly scheduled school day • If the establishment stops serving customers at 10 pm, the minor may be employed until 10:15 pm • Only between 6 am and 11:30 pm on nights not preceding a regularly scheduled school day, except in restaurants and race tracks until midnight All teens under 18 must get a Work Permit from the school district where they live or go to school. For more information, visit the website of the Division of Occupational Safety at: www.mass.gov/dos/youth. After 8 pm, all minors must be directly supervised by an adult who is located in the workplace and who is reasonably accessible. (With the exception of minors who work at kiosks in the common areas of some malls.) Prohibited Jobs for Minors Persons under 18 may NOT: • Drive a vehicle or forklift (except golf carts in certain circumstances) • Operate, clean or repair power-driven meat slicers, grinders or choppers • Operate, clean or repair power-driven bakery machines • Work 30 feet or more above ground or water • Handle, serve, or sell alcoholic beverages • Use circular or band saws, or guillotine shears • Use power-driven woodworking machines • Use hoisting machines • Operate paper balers, paper box compactors, or other power-driven paper products machines • Use power-driven metal-forming, punching, or shearing machines • Use buffing or polishing equipment • Manufacture brick, tile, or kindred products • Manufacture or store explosives • Work in excavation, wrecking, demolition, or shipbreaking • Work in logging, sawmilling, or mining • Work slaughtering, packing, or processing meat • Work in railway operations • Work in roofing or on or about a roof • Work in foundries or around blast furnaces • Work manufacturing phosphorus or phosphorus matches • Work where they are exposed to radioactive substances • Work as a firefighter or engineer on a boat • Oil or clean hazardous machinery in motion For questions about wages or the child labor laws: • Massachusetts Office of the Attorney General Fair Labor and Business Practices Division www.ago.state.ma.us - (617) 727-3465 • U.S. Department of Labor, Wage and Hour Division www.dol.gov/esa/whd - (617) 624-6700 For questions about workers’ compensation: • Massachusetts Department of Industrial Accidents www.mass.gov/dia - (800) 323-3249 x470 For questions about health and safety: • Occupational Safety & Health Administration (OSHA) www.osha.gov Methuen Office - (617) 565-8110 Braintree Office - (617) 565-6924 Springfield Office - (413) 785-0123 • Massachusetts Department of Public Health Occupational Health Surveillance Program Teens at Work Injury Surveillance and Prevention Project www.mass.gov/dph/ohsp - (617) 624-5632 Persons under 16 may NOT: • Operate power-driven machinery (except office machines or machines in retail or food service not otherwise prohibited) • Cook (except on electric or gas grills that do not have open flames) • Operate fryolators, rotisseries, NEICO broilers, or pressure cookers • Operate, clean or repair power-driven food slicers, grinders or choppers • Perform any baking activities • Operate microwave ovens (except to heat food in microwave ovens with a maximum capacity of 140 degrees Fahrenheit) • Clean kitchen surfaces that are hotter than 100 degrees Fahrenheit • Filter, transport, or dispose of cooking oil or grease hotter than 100 degrees Fahrenheit • Work in freezers or meat coolers • Work in a manufacturing facility (e.g., factory) • Work on ladders or scaffolds • Work in garages, except dispensing gas & oil • Work in brick or lumber yards • Work in amusement places (e.g., pool or billiard room, or bowling alley) • Work in barber shops • Work in construction, transportation, communications, or public utilities (except doing clerical work away from heavy machinery off the job-site) • Work in warehouses (except doing clerical work) • Load or unload trucks, railroad cars, or conveyors • Wash windows in public or commercial buildings if the sill is more than 10 feet above the ground • Work doing laundry in a commercial laundry or dry cleaning establishment • Work as a public messenger • Work at processing operations (e.g., in meat, fish, or poultry processing or cracking nuts, bulk or mass mailing) • Work around boilers or in engine rooms • Do industrial homework • Work with dangerous electrical machinery or appliances+ • Work that is determined by Massachusetts Attorney General to be dangerous to the health and well-being of minors • Work in any of the occupations or tasks prohibited for persons under age 18 Persons UNDER 14 may NOT WORK! There are a few exceptions to this, such as babysitting, working as news carriers, on farms, and in entertainment (with a special permit). * This is a compilation of state and federal child labor laws. The most protective laws are presented here and apply to all employers of teens including family members who employ their teenaged relatives. There are additional regulations and some exceptions for employers in agricultural industries and student learners participating in cooperative education programs. LMA08 Resources for More Information Print Date: 4/07 persistent invitations or requests for dates or sex unwanted touching staring or leering at a person sexual innuendos jokes probing personal questions showing lewd objects or pictures physical contact indecent exposure rape assult unwanted touching ridicule or hostility persistent invitations or requests for dates or sex unwanted touching staring or leering at a person sexual innuendos jokes probing personal questions showing lewd objects or pictures physical contact indecent exposure rape assult unwanted touching ridicule or hostility persistent invitations or requests for dates or sex unwanted touching staring or leering at a person sexual innuendos jokes probing personal questions showing lewd objects or pictures physical contact indecent exposure rape assult unwanted touching ridicule or hostility persistent invitations or requests for dates or sex unwanted touching staring or leering at a person sexual innuendos jokes probing personal questions showing lewd objects or pictures physical contact indecent exposure rape assult unwanted touching ridicule or hostility persistent invitations or requests for dates or sex unwanted touching staring or leering at a person sexual innuendos jokes probing personal questions showing lewd objects or pictures physical contact indecent exposure rape assult unwanted touching ridicule or hostility persistent invitations or requests for dates or sex unwanted touching staring or leering at a person sexual innuendos jokes probing personal questions showing lewd objects or pictures physical contact indecent exposure rape assult unwanted touching ridicule or hostility persistent invitations or requests for dates or sex unwanted touching staring or leering at a person sexual innuendos jokes probing personal questions showing lewd If you are beingindecent exposure sexually harassed, rape objects or pictures physical contact assult unwanted touching ridicule or hostility persistent to your or requests for dates report it immediately invitations or sex unwanted touching staring or leering at a person sexual innuendos supervisorshowing lewd objects or pictures physical or contact: jokes probing personal questions contact indecent exposure rape assult unwanted touching ridicule or hostility You can file a complaint withrequests for SEXUALor sex persistent invitations or the dates HARASSMENT OFFICER unwanted touching staring Massachusetts Commissionsexual innuendos or leering at a person jokes probing personal questions showing lewd (MCAD). physical contact indecent Against Discriminationobjects or pictures exposure assult unwanted ridicule or hostility persistent Visit rape or contact the MCAD at one touching invitations the requests for dates or sex unwanted touching staring or leering at of or following locations: a person sexual innuendos jokes probing personal questions showing lewd objects One pictures Placephysical contact or Ashburton indecent exposure rape assult 436 Dwight Street unwanted touching ridicule or hostility persistent invitations or requests for dates Room 601 Room 220 Springfield, MA 01103 or sex Boston, MA 02108 unwanted touching staring or leering at a person sexual innuendos 617-994-6000 413-739-2145 showing lewd objects or pictures jokes probing personal questions physical 617-720-6054 TTY contact indecent exposure rape assult unwanted touching ridicule or hostility persistent invitations or requests for dates or sex unwanted touching staring or leering at a person sexual innuendos jokes probing personal questions showing lewd objects or pictures physical contact indecent Sexual Harassment at work does not have to be tolerated. It’s Illegal. LMA09 RIGHT TO KNOW WORKPLACE NOTICE The Commonwealth of Massachusetts Department of Labor and Workforce Development Division of Occupational Safety George Noel Director Laura Marlin Commissioner The RIGHT TO KNOW LAW, Chapter 111F of the Massachusetts General Laws, provides rights to Public Sector employees* regarding the communication of information on toxic and hazardous substances. These rights include: WORKPLACE NOTICE- A notice must be posted in a central location in the workplace informing employees of their rights under the law. The notice must be in the English language. In workplaces where employees’ first language is other than English, the notice must be posted in that language. TRAINING- Employers must provide an annual training program to employees who work with toxic or hazardous substances. New employees must receive training within thirty days from date of hire. The training program must be conducted by a competent person and may be in the form of verbal and/or written instruction. At a minimum, training must include an explanation of employee rights, information on how to read an MSDS, the specific hazards of the chemicals used, handled or stored in the workplace, the type of personal protective equipment to be worn, and information on labeling of hazardous substances. This training must be done with pay during the employee’s normal work shift or work hours. A record of this training must be maintained by the employer. MATERIAL SAFETY DATA SHEET (MSDS)- The Material Safety Data Sheet is the document that provides information on each toxic or hazardous substance used or stored in the workplace. An employee or his or her designated representative has the right to obtain and examine the MSDS for any toxic or hazardous substance to which the employee “is, has been, or may be”, exposed, if the employee’s request is made to the employer in writing. After four working days from the date the request is made, an employee can refuse to work with the substance under two circumstances: 1. The employer fails to: (a) furnish the employee with the MSDS and (b) furnish the employee with proof that the employer has exercised diligent effort to obtain the MSDS, either through the manufacturer or through the Deputy Director of the Division of Occupational Safety, or, 2. The MSDS provided by the employer is incomplete or outdated. LABELING- All containers in the workplace of more than five pounds or more than one gallon, containing toxic or hazardous substances, must be labeled with the chemical name of the substance. Containers of mixtures must be labeled with the chemical name of each toxic or hazardous constituent when the constituents comprise one percent or more of the mixture. Containers must also be labeled with the appropriate National Fire Prevention Association (NFPA) symbol if available. Labels must be clear, prominent, in English and weather resistant. There are some exceptions to the labeling requirements for containers which are labeled in accordance with certain Federal laws. NON-DISCRIMINATION- An employee who believes he or she has been discharged, disciplined, or in any other manner discriminated against by an employer for exercising rights granted under the Law, has one hundred eighty days following the violation of the Law or following the date on which he or she obtained knowledge that a violation occurred, to file a complaint with the Deputy Director of the Division of Occupational Safety. A copy of the complaint must be sent to the employer at the same time by certified mail. NOTE- The employee rights listed above are further defined in Chapter 111F of the Massachusetts General Laws and the Code of Massachusetts Regulations 454 CMR 21.00. Copies of the law and regulation can be obtained at the Statehouse Bookstore (Phone: 617-727-2834). All Right-to Know Inquiries should be addressed to: Division of Occupational Safety 1001 Watertown Street West Newton, MA 02465 Phone: 617-969-7177 Fax: 617-727-4581 *Private sector employees in Massachusetts are covered by a similar regulation, the Hazard Communication Standard (29 CFR 1910.1200), enforced by the Federal Occupational Safety and Health Administration (OSHA 617-565-9860). LMA11 Print Date: 7/08 NO SMOKING It is illegal to smoke in this establishment. To report a violation, contact the Massachusetts Department of Public Health at 1-800-992-1895. Massachusetts Smoke-Free Workplace Law By order of: M.G.L. Chapter 270, Section 22 LMA10 THE COMMONWEALTH OF MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION One Ashburton Place 6th floor, Room 601 Boston, MA, 02108 (617) 994-6000 MATERNITY LEAVE FACT SHEET (Massachusetts General Laws. Chapter 149. Section 105D Chapter 151B. Section 4) MASSACHUSETTS LAW STATES THAT AN EIGHT WEEK, UNPAID MATERNITY LEAVE MAY BE TAKEN BY A FEMALE EMPLOYEE WHO IS: • Giving birth to a child • Adopting a child who Is under 18 years of age. or • Adopting a person under the age of 23 who is mentally or physically disabled AN EMPLOYER IS REQUIRED TO PROVIDE SUCH AN EMPLOYEE A MATERNITY LEAVE IF THE FOLLOWING CONDITIONS ARE MET: 1) The employee must have completed the probationary period set by her employer, which cannot exceed six (6) months. If no probationary period has been set, the employee must have been continuously employed for at least three (3) consecutive months. 2) The employee must give at least two (2) weeks notice to her employer of her expected departure date, as well as notice that she intends to return to her job. 3) The employee must be a regular full time employee, and not a temporary or intermittent employee. IT IS ILLEGAL FOR THE EMPLOYER TO REQUIRE THE EMPLOYEE TO LEAVE HER JOB AT SOME ARBITRARY STAGE IN HER PREGNANCY, OR TO REFUSE TO LET HER RETURN TO WORK UNTIL A SPECIFIED TIME SET BY THE EMPLOYER. IF A WOMAN IS ORDERED TO LEAVE WORK BY A DOCTOR, AND PROVIDES HER EMPLOYER WITH DOCUMENTATION OF SUCH, THEN THAT PERSON MAY BE CONSIDERED TO BE A QUALIFIED HANDICAPPED INDIVIDUAL ON LEAVE OF ABSENCE TO REASONABLY ACCOMMODATE HER DISABILITY, AND MAY NOT BE CONSIDERED TO BE ON MATERNITY LEAVE DURING THIS TIME. THE EMPLOYEE CANNOT BE PENALIZED FOR TAKING A MATERNITY LEAVE. • The employer is required to restore the employee to her previous position, or to a reasonably similar position, without detriment to her pay, hours, status, length of service credit, or seniority (if applicable), unless the employer can demonstrate that other employees of equal length of service credit and status, in the same or similar positions have been laid off due to a legitimately motivated reduction in force. • An employee returning from maternity leave is entitled to receive vacation time, sick leave, bonuses, advancement, seniority (if applicable), length of service credit, benefits, plans or programs (or which she was eligible on the date of her leave. However, the employer is not required to Include the period of the employees leave In the computation of said benefits. 436 Dwight St., Suite 315 Springfield, MA, 01103 (413) 739-2145/3330 DURING HER EIGHT WEEK MATERNITY LEAVE. THE EMPLOYEE MAY USE OTHER TYPES OF PAID LEAVE FOR WHICH SHE IS ELIGIBLE. SUCH AS VACATION TIME. PERSONAL LEAVE, OR SICK LEAVE. • The employer may restrict the use of sick leave to maternity leaves involving birth. Adoption Is not viewed as a medical disability. The employer cannot require the employee to use paid leave for her maternity leave if she does not wish to do so. • THE EMPLOYER'S MATERNITY LEAVE POLICY MUST BE CONSISTENT WITH THE EMPLOYER'S OTHER TYPES OF LEAVE POLICIES. • If the employer provides pay for all other leaves of absence, the employer must also provide pay for maternity leaves. If the employer provides pay for only medical leaves of absence, the employer must provide pay for the period of disability associated with pregnancy and childbirth, but is not required to provide pay for maternity leaves involving adoption. If the employer provides pay for benefits, plans, or programs associated with other types of temporary disability, the employer must provide pay for benefits, plans, or programs associated with birth related maternity leave. Any employer policy or collective bargaining agreement which provides for greater or additional benefits than those required by law must be adhered to. • • • NOTE: Employees should consult their personnel office, benefits office, or union office to receive the most current information about their employer's maternity leave policy. If you feel that you have been discriminated against, contact the M.C.A.D. immediately. In all but a few exceptions, the Commission cannot accept complaints based on incidents that are more than 6 months old. MCAD 10/29/92 LMA13 THE FAIR HOUSING LAW THE FAIR HOUSING LAW DECLARES THAT IT IS ILLEGAL TO DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGIOS CREED, NATIONAL ORIGIN, SEX, SEXUAL ORIENTATION, AGE, CHILDREN, ANCESTRY, MARITIAL STATUS, VETERAN HISTORY, PUBLIC ASSISTANCE RECIPIENCY, OR HANDICAP (MENTAL OR PHYSICAL) It is an unlawful practice for owners, lessees, sublessees, licensed real estate brokers, assignees, managing agents, or unit owners to refuse (on the basis of membership in one or more of the above groups) the: Right to Buy Right to Lease Right to Rent Right of Ownership Right of Possession Under Massachusetts Law, it is illegal to: Discourage a person from buying or renting a dwelling in a particular area and encourage him or her to buy or rent in another area. Represent that a dwelling is not available for sale, rent of inspection when the dwelling is in fact so available. Charge or quote a higher rental or sale price for a dwelling. State or provide less favorable terms for the rental or sale of a dwelling. Publish discriminatory advertising. Discriminate in the granting of mortgage loans. Discriminate on the basis of handicap by refusing to make reasonable accommodations in policies and services or refusing to permit reasonable modifications of dwellings. Discriminate on the basis of rental subsidy recipiency by refusing to rent to subsidy recipients because of program requirements. Refuse to rent to families with children under six because lead paint. Notice to Real Estate Agents State law provides limited exemptions for owners of certain types of residential properties. These exemptions do not apply to real estate agents. Complaints: ALL COMPLAINTS MUST BE FILED IN WRITING. INFORMATION ON THE FILING OF COMPLAINTS CAN BE OBTAINED BY EITHER VISITING OR CONTACTING THE MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION AT THE FOLLOWING LOCATIONS: One Ashburton Place, Rm. 601 436 Dwight Street, Rm. 220 Boston MA 02108 Springfield MA 01103 (617) 994-6000 voice (413) 739 2145 voice (617) 994-6196 TTY www.mass.gov/mcad Massachusetts General Loans, G.L. c. 151B§7mandates the posting of this notice. LMA14