Massachusetts follows federal employment laws and it also has its own rules on employment. These laws protect employees while allowing free enterprise. Employment attorneys in Northampton, MA handles a variety of issues, including the following topics.
Massachusetts is an at-will Employment State
Every state except Montana recognizes at-will employment, which is an arrangement where a worker can be terminated at any time. The system seems one-sided at times, but it does allow employees to find another job at any time without fear of litigation. Like every rule, this one has exceptions. A person cannot be fired based on the following criteria:
* Ancestry, race, or national origin
* Age (if over 40)
* Gender
* Pregnancy
* Sexual orientation
* Disability
* Criminal record
* Genetics
* Religious beliefs
Along with these categories, there are other specific reasons an employer cannot use as a basis for termination.
Wage and hour laws in Massachusetts
The state’s wage and hour laws establish basic rights for workers and rules for payroll. As of the time of this writing, Massachusetts’ minimum wage is $8.00 per hour. State law requires that the minimum wage exceeds the federal minimum by at least $0.10 per hour.
A primary exception to the state minimum wage is overtime, which occurs when an employee works more than 40 hours in a week. The employer is obligated to pay the worker a minimum of 1.5 times the regular pay rate for every hour worked after 40. If an employee only makes minimum wage, any hour over 40 would be paid at a rate of $12.00. However, exceptions do exist an apply to the following cases:
* Outside sales staff
* Golf caddies
* Fishermen
* Live-in caretakers
* Executives
* Truck drivers
Wage Withholding
The state of Massachusetts requires wages to be paid within six days of the pay period or instantly upon termination. An employer cannot withhold full payment or make deductions other than insurance, taxes, union dues, and retirement account contributions.
Protection from Sexual Harassment and Discrimination
Every state offers protections from sexual harassment and discrimination, and Massachusetts is no exception. The state prohibits discrimination against any class listed in the at-will section above and prohibits unwelcome sexual advances, requests for favors and other sexually-based workplace conduct. Click here for more details about employment attorneys in Northampton, MA.
If a person believes their rights have been violated, they should call an employment attorney in Northampton, MA right away. An employment lawyer at Cmolawyers.com can assess an employee’s case under state law and he or she can ensure the worker is treated fairly.
