Sundays & Holidays

Under Massachusetts law, certain workers are automatically entitled to premium pay - compensation of one and a half times the worker's normal rate of pay - for work done on a Sunday or certain holidays. Commonly referred to as the "Massachusetts Blue Laws", these statutes specify that certain workers are entitled to premium pay and cannot be forced to come to work against their will. An employee who refuses to work on a Sunday or holiday may not be dismissed, disciplined, have his hours reduced or face any other penalty for his refusal to work.

With respect to premium pay, the Massachusetts Blue Laws most commonly apply to retail workers. Generally, if a retailer has more than 7 employees, the retailer must pay its workers premium pay for work done on a Sunday or Holiday. This means that the minimum wage such a worker can earn on a Sunday or holiday is $13.50 per hour.

Here is a list of holidays on which retail workers are entitled to premium pay:

- Thanksgiving Day
- Christmas Day
- New Year's Day
- Columbus Day
- Veterans' Day
- Memorial Day
- Labor Day
- The Fourth of July

The failure to pay "time-and-a-half" is all too common, especially in independent contractor cases. Frequently, employers try to get around the premium pay requirement by misclassifying employees as independent contractors. This is illegal and can subject the employer to serious penalties, including the possibility of paying triple damages to improperly compensated workers. If you have not been paid properly for work you performed on a Sunday or holiday, contact our office or fill out the form on the right for a free case evaluation.