Massachusetts Employment Law

Massachusetts Chapter 151B is the state's primary anti-discrimination statute, prohibiting employment discrimination based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, age (40+), disability, military service, criminal record (with limitations), pregnancy, and reproductive health decisions. The Act covers employers with six or more employees and complaints must be filed within 300 days with the Massachusetts Commission Against Discrimination (MCAD). Massachusetts has been a leader in expanding employment protections, including early adoption of sexual orientation and gender identity protections.

The Massachusetts Paid Family and Medical Leave (PFML) law provides eligible workers with up to 20 weeks of paid medical leave and up to 12 weeks of paid family leave per benefit year, funded through payroll contributions. The program covers nearly all Massachusetts workers, including self-employed individuals who opt in. It provides job protection for employees who take leave and prohibits retaliation for using PFML benefits.

The Massachusetts Equal Pay Act, significantly strengthened in 2018, prohibits gender-based wage discrimination and requires equal pay for comparable work. The Act goes beyond the federal Equal Pay Act by using a "comparable work" standard rather than "substantially equal work," making it easier for employees to establish claims. It also prohibits employers from asking about salary history prior to making a job offer and provides a safe harbor for employers who conduct good-faith self-evaluations of pay practices.

Prohibits employers from asking about criminal history on initial application; sets limits on which CORI records can be considered and requires fair-chance procedures.

Employers with 50+ employees must provide up to 15 days unpaid leave per year for victims of abusive behavior to address legal, medical, counseling, or housing needs.

Employees accrue 1 hour paid sick time per 30 hours worked, up to 40 hours/year (paid at employers with 11+ employees; unpaid at smaller employers). Usable for own/family illness, preventive care, or domestic violence.

Protects healthcare workers from retaliation for reporting unsafe patient care, illegal activity, or refusing to participate in such activity.

Restricts post-employment non-competes: max 12 months, requires garden-leave pay (50% of highest base salary) or "other mutually-agreed consideration", written notice, and right to counsel. Excludes hourly employees, students, and employees terminated without cause.

Employees have right to review/copy personnel records; employer must notify employee within 10 days of any negative record addition; retaliation prohibited.

Adds explicit accommodation duty for pregnancy/lactation under Ch. 151B; employers cannot require leave if another reasonable accommodation is available.

Protects public employees from retaliation for disclosing or threatening to disclose violations of law, mismanagement, gross waste, or abuse of authority.

Requires timely payment of wages; final paycheck on day of termination if discharged; provides mandatory treble damages plus attorney fees for any violation. One of the strongest wage statutes in the U.S.

Prohibits employers from asking about criminal history on initial written job applications. Part of the broader ban-the-box movement. Employers may inquire after an initial interview or conditional offer.

Boston's human rights ordinance prohibits employment discrimination and provides protections that complement the Massachusetts anti-discrimination law (Chapter 151B). Covers employers with 6 or more employees and includes enforcement by the Boston Human Rights Commission.