Intro to Massachusetts Labor Laws

The Massachusetts Supreme Judicial Court recently ruled that employers are not required to accrue employee benefits such as vacation time, sick time, or seniority while taking Massachusetts Paid Family and Medical Leave (MA PFML). However, employees’ medical insurance coverage must continue during MA PFML. Employees also retain their right to return to the same or equivalent position, including their pay, benefits, and seniority. 

No action is required for employers that exercise the option to accrue employee benefits during PFML leave. However, it is encouraged that employers clearly state which benefits will accrue during this and other leaves of absence, within applicable policies and procedures. 

Employers that will not accrue benefits during PFML leave should review and update their leave of absence and paid time off policies, as well as communicate the changes with employees.

Massachusetts is set to join the increasing number of states enacting pay transparency laws which typically require employers to disclose minimum and maximum salary ranges for job openings. 

The Massachusetts House of Representatives and Senate have both recently passed similar pay transparency bills, with the expectation that a combined bill will eventually be signed into law by Governor Maura Healey.

If approved, employers with 25 or more employees in Massachusetts would be required to post the pay range in internal and external job postings. Employers with 100 or more full-time employees in Massachusetts at any time during the preceding year, who are also subject to the federal filing requirements of wage data reports (EEO-1, EEO-3, EEO-4, or EEO-5), would also need to submit a copy of their federal filings to the Secretary of the Commonwealth. That data, which reflects workforce demographics and salaries, would then be submitted to the Massachusetts Executive Office of Labor and Workforce Development.    

Employers should monitor legislation updates for final approval and effective dates if passed.

Massachusetts enacted its CROWN act on July 26, 2022. The state’s CROWN Act extends the definition of race discrimination throughout applicable statutes in the state to explicitly prohibit discrimination based on hairstyles associated with race, such as, and not limited to, natural and protective hairstyles, such as braids, locks, twists and Bantu knots.

Massachusetts will require employers with 25 or more employees to include salary ranges in job postings and provide this information to current employees during promotions or transfers. Additionally, the law will mandate employers with 100 employees to provide annual wage data reports to the state, including job titles, demographics, and pay details. Employers should prepare by developing wage scales, updating job postings, and ensuring compliance to avoid penalties enforced by the Attorney General.

As of November 1, 2023, employees within Massachusetts who participate in Massachusetts Paid Family and Medical Leave (PFML) will be allowed to supplement, or top off, their PFML wage replacement benefits with any available accrued paid leave (e.g., sick time, vacation, PTO, personal time, etc.). Additionally, employees can choose to either top off their state benefits with accrued paid leave or save their accrued paid leave to use at a later time. Limitations on only using available accrual paid leave towards the 7-day unpaid waiting period or in one block of time at the beginning or end of the PFML period no longer apply. Employers should review and update their PFML policies.

Massachusetts extended its COVID-19 Emergency Paid Sick Leave (EPSL) ordinance before its expiration date of September 30, 2021. The Act extends the state’s EPSL and reimbursement mechanisms through April 1, 2022, and extends eligibility to include leave to care for a family member receiving, or recovering from, immunization.