Malcolm Rivera
In the context of a challenging economic climate, employers in Massachusetts are forced to make difficult decisions about the size and structure of their workforce. This includes employee terminations and large-scale layoffs, which can have a significant impact on the employees involved. To avoid liability, employers must ensure compliance with federal and state laws, including the Massachusetts WARN Act, which requires employers to provide written notification to affected employees, their unions, and relevant government officials at least 60 days before a mass layoff or plant closure. This is defined as a reduction of at least 33% of employees (at least 50 employees) or 500 employees at a single site of employment during any 30-day period. In addition to federal and state laws, employers must also consider the impact of workforce reductions on specific populations, such as older workers, immigrants, and underemployed individuals, who make up a significant portion of the state's labor force.
| Characteristics | Values |
|---|---|
| Final wages | Due on the day of termination if the employee is discharged by the employer for any reason |
| Final wages | Must be received on or before the next regular payroll date if the employee resigns |
| Consequences for noncompliant employers | Massachusetts employees are entitled to triple damages plus costs and attorney's fees, even if the employer is one day late |
| Worker Adjustment and Retraining Notification (WARN) Act | Requires businesses that employ 100 or more workers to give their employees 60 days' written notice of a mass layoff or plant closing |
| Mass layoff | A reduction in force which results in an employment loss of at least 33% of employees (excluding part-time employees) and at least 50 employees (excluding part-time employees) |
| Mass layoff | A reduction in force which results in an employment loss of at least 500 employees (excluding part-time employees) |
| WARN notice | A written notification sent to affected employees, their labor unions, the State Rapid Response Coordinator, and the primary elected official of the local government |
| Retail employers | Employers with eight or more employees must pay non-exempt employees at least 1.1 times their regular hourly rate for work on Sundays and certain holidays |
| Meal breaks | Employees who work more than six hours are entitled to a 30-minute meal break |
| Child labor laws | Restrict the occupations, number of hours, and times during which minors may be employed |
| Minors aged 14-15 | May not work during school hours and may work only between 6:30 a.m. and 7:00 p.m. during the school year (to 9:00 p.m. from July 1 through Labor Day) |
| Minors aged 14-15 | May not work more than 18 hours a week when school is in session (40 hours when not in session), 3 hours a day on school days, 8 hours a day on weekends and when school is not in session, and 6 days a week |
| Minors | Must receive an unpaid meal break of at least 30 minutes if working more than 6 hours during a calendar day |
| Employers | Required to pay wages by cash or check redeemable at face value without discount or deduction |
| Legal immigration | Declined sharply due to global travel restrictions and policies, reducing the U.S. workforce by 3.2 million workers |
| Underemployment | Affects almost 8% of older workers in Massachusetts, representing around 67,000 individuals |
| ESOL programs | Only 7% are focused on integrating job skills and employment supports, despite a clear demand for these services |
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What You'll Learn
Massachusetts WARN Act
In 1988, Congress enacted the Worker Adjustment and Retraining Notification (WARN) Act, commonly referred to as the Massachusetts WARN Act. The Act ensures that workers have ample time to prepare for job transitions, such as by sharing information on new job opportunities or offering retraining before a job loss.
The WARN Act requires businesses that employ 100 or more workers to give their employees 60 days' written notice of a mass layoff or plant closing. This notice must be given to the MassHire Rapid Response Team, local government officials, and employees. The Rapid Response services by the MassHire Department of Career Services (MDCS) begin as soon as notification is given to either the Commonwealth of Massachusetts or the MDCS Rapid Response Team about the impending layoffs.
The WARN regulations allow employers to provide alternative notice to the MassHire Rapid Response Team and the chief local elected official. However, they may need to provide more detailed information upon request. The alternative form must be a written notice that includes the name and address of the employment site where the plant closing or mass layoff will occur, as well as the name and telephone number of a company official to contact for further information.
The WARN Act also applies to anticipated separate employment losses within a 90-day period. However, a WARN is not required when the layoffs affect employees with fewer than six months on the job and are not counted in the 100 or more full-time employee threshold.
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Final wages and termination
In Massachusetts, final wages, including any accrued but unused vacation time, are due on the day of termination if the employee is discharged by the employer for any reason. If the employee resigns, the employee must receive their final wages on or before the next regular payday. If an employer is late in providing the final paycheck, or the check is not for the full wages, the employee should immediately contact an employment attorney as they may be entitled to more than just their normal hourly or salaried wages in their last check. For example, Massachusetts employees are entitled, as a matter of law, to triple damages plus costs and attorney's fees, even if the employer is one day late.
The Massachusetts Wage Act (the “Act”) requires employers to pay wages to their employees within designated periods. The Act defines “wages” to include not only pay for time worked but also holiday or vacation payments due to an employee. If an employee resigns from their employment, they must be paid in full on the following payday or, in the absence of a following payday, the following Saturday.
Commissions can often be a point of contention when an employee is terminated or quits their employment. If a commission is definitely determinable and due and payable to the employee, it is a wage owed to the employee that the employer must pay.
The impact of termination on the employee is great, and employers must be prepared to check all the boxes to avoid potential liability arising under applicable federal and state laws and the regulations thereunder. Often, employers want terminated or laid-off employees to execute a release of claims against the employer in exchange for severance payments. This may be problematic when employees aged 40 and over are asked to release claims under the Age Discrimination in Employment Act of 1967 (ADEA).
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Employee rights and access
In Massachusetts, employees are entitled to certain rights and access privileges that govern their employment and protect them in the event of termination. Here is an overview of some key aspects of employee rights and access in the state of Massachusetts:
Access to Personnel Files
Employees in Massachusetts have the right to access their personnel files. Employers must provide employees with access to these files within five business days of receiving a written request from the employee. The employer is obligated to allow access twice per calendar year. Additionally, employers must notify employees within 10 days of placing any disciplinary information or other negative remarks in the employee's file that could impact their continued employment, promotion, transfer, or compensation. If an employee identifies information they believe to be inaccurate or untrue, they have the right to work with the employer to amend, revise, or remove it. If an agreement cannot be reached, the employee can include explanatory information in the file.
Wage and Hour Laws
Massachusetts wage and hour laws outline several rights for employees. Employers are required to pay wages in cash or by check, without any discounts or deductions. For nonexempt employees, retail employers with eight or more workers must pay at least one and one-tenths times the regular hourly rate for work on Sundays and certain holidays. Employers cannot mandate working on Sundays or legal holidays, and employees' refusal to work during these times cannot be grounds for termination, discrimination, or reduced hours.
Employees in Massachusetts are also entitled to meal breaks. For shifts exceeding six hours, employees must be provided with a 30-minute meal break, which can be paid or unpaid. During these breaks, employees are free to leave the premises and are allowed to pray. Additionally, employees who are scheduled to work for three or more hours and are sent home are entitled to "reporting pay" or "show-up pay," meaning they must be paid for at least three hours at the minimum wage rate.
Sick and Safe Leave
Under the Earned Sick Time Law (ESTL), eligible employees in Massachusetts can take sick and safe leave for various reasons. These include the diagnosis, care, or treatment of their own or a covered family member's illness, injury, or medical condition. This also includes preventive care or routine medical appointments for the employee or their family, addressing the effects of domestic violence, and addressing their own or their spouse's mental health needs, including pregnancy loss.
Final Wages upon Termination
In the event of termination, employees in Massachusetts are entitled to their final wages, including any accrued but unused vacation time, on the day of termination if they are discharged by the employer. If the employee resigns, they must receive their final wages on or before the next regular payroll date. Non-compliance by employers can result in significant consequences, including triple damages, costs, and attorney's fees if they are delinquent in paying final wages, even if they are only one day late.
Protection against Age Discrimination
Massachusetts employees are protected against age discrimination under the Age Discrimination in Employment Act of 1967 (ADEA). Employers seeking to terminate or lay off employees aged 40 or older must comply with specific requirements, including providing a longer consideration period and including certain language in any release agreement.
These are just some aspects of employee rights and access in Massachusetts. Both federal and state laws play a role in safeguarding employee rights and ensuring fair practices in the workplace.
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Child labor laws
In Massachusetts, child labor laws restrict the occupations in which minors may be employed, the number of hours they can work, and the times during which they are allowed to work. Children under 14 may not work except in very limited cases.
Work Hours
Minors aged 14 and 15 may not work during school hours and may only work between 6:30 a.m. and 7:00 p.m. during the school year (up to 9:00 p.m. from July 1 through Labor Day). They may not work more than 18 hours a week when school is in session (40 hours when it is not). Additionally, they can only work:
- Three hours a day on school days
- Eight hours a day on Saturdays, Sundays, and holidays, and when school is not in session
- Six days a week
Minors working more than six hours in a day must receive an unpaid meal break of at least 30 minutes.
After 8:00 p.m., all minors must be under the direct and immediate supervision of an adult supervisor who is located in the workplace and reasonably accessible.
Employment Leave
Under the Earned Sick Time Law (ESTL), eligible employees may take sick and safe leave for the following reasons:
- Diagnosis, care, or treatment of the employee's or a covered family member's illness, injury, or medical condition
- Preventive care or routine medical appointments for the employee or a covered family member
- To address the effects of domestic violence against the employee or the employee's child
- To travel to or from an appointment, a pharmacy, or another location related to the purpose for which leave was taken
- To address the employee's own physical and mental health needs, and those of their spouse, if the employee or their spouse experiences pregnancy loss
Wages
Massachusetts employers are required to pay wages in cash or by check redeemable at face value without discount or deduction. Retail employers with eight or more employees must pay nonexempt employees at least one and one-tenth times their regular hourly rate of pay for work hours on Sundays and certain holidays.
Other
Employers must provide employees with access to their personnel files within five business days of receiving a written request from the employee. The employer is obligated to allow an employee access twice per calendar year. The employer must notify an employee within 10 days after placing disciplinary information in the employee’s personnel file, or information that negatively reflects on the employee’s qualification for continued employment, promotion, transfer, or increased compensation. If an employee finds information that they believe to be untrue or inaccurate, the employee and employer may mutually agree to amend, revise, or remove the information.
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Immigrant labor shortage
Immigrants are a vital part of the US economy, contributing billions of dollars and helping to ease labor shortages. They are also driving innovation and business creation, with almost 1 in 4 entrepreneurs in the country being immigrants. In 2023, immigrant households paid over $167 billion in rent and held over $6.6 trillion in housing wealth. Despite this, the Trump administration and Congress are pushing for unprecedented funding for mass deportation, which could have a devastating impact on the economy.
In Massachusetts, the state is facing a tight labor market, with a historic high of over two job openings for every unemployed individual. Employers are struggling to recruit and retain workers, and the state's population is aging while the birth rate declines. Outmigration is increasing, and immigration has decreased significantly. However, Massachusetts has a large immigrant population, with approximately 17% of the state's population being foreign-born, and one-fifth of the labor force is foreign-born.
Workforce development providers are struggling to support immigrants in completing classes successfully. Stipends are rarely offered, and ESOL classes focus primarily on language acquisition rather than job skills. Highly educated immigrants are often forced to take lower-paying jobs, and their professional credentials from their home country may not be recognized in the US. This is contributing to the labor shortage in Massachusetts, as immigrants are a key part of the state's economy.
To address the labor shortage, Massachusetts should focus on engaging its untapped talent, including foreign-born individuals. By providing more support for immigrants and recognizing their professional credentials, the state can help to fill job openings and boost the economy. Additionally, Massachusetts should work to retain its immigrant population and attract more foreign-born residents to the state.
The potential for mass deportation under the Trump administration could further exacerbate the labor shortage in Massachusetts and other states, as seen in Nebraska where voters are worried about the impact of deportations on their economy. Immigrants are a vital part of the labor force in many states, and their contribution to the economy cannot be overlooked.
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Frequently asked questions
The WARN Act is a federal regulation that requires businesses with 100 or more workers to give their employees 60 days' written notice before a mass layoff or plant closing.
A "mass layoff" is defined by the federal WARN Act as "a reduction in force which results in an employment loss at a single site of employment during any 30-day period for (i) at least 33% of employees (excluding part-time employees) and at least 50 employees (excluding part-time employees); or (ii) at least 500 employees (excluding part-time employees).
If an employer fails to provide the required notice under the WARN Act, they may have to compensate employees with back pay and benefits for each day of the violation, up to a maximum of 60 days.
Yes, there are certain exceptions to the WARN Act, such as unforeseeable business circumstances or natural disasters. In such cases, employers must still provide notice as soon as possible.
Some challenges impacting the labor force in Massachusetts include a decline in international legal immigration, an increase in undocumented arrivals, and a rise in out-migration due to more affordable costs of living in other areas. Additionally, there is a large pool of untapped talent, including older workers, workers of color, foreign-born workers, and individuals with disabilities, who could be better integrated into the labor market with improved workforce development strategies.
