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Understanding Massachusetts Sunday Premium Laws

The Massachusetts "blue laws" originally prohibited many businesses from operating on Sundays. Over the years, many exceptions have been put into place. The practical result that most businesses can operate lawfully on Sundays and holidays.

Massachusetts retail businesses, however, are still required to pay employees extra for work performed on Sundays and holidays. The details of this law, as well as the phase-out of Sunday premium pay as the Massachusetts minimum wage increase through 2023, are set forth below.

Massachusetts Sunday Premium Laws and Minimum Wage

The premium pay requirement originally matched the overtime rate of pay. Employees were to be paid at 1.5 times their regular rate of pay for Sunday and holiday work.

These premium pay rates are now scheduled to phase out as the minimum wage increases. The scheduled phase out is below:
  • 2019: Sunday premium pay rate is 1.4 times the employee's regular rate of pay.
  • 2020: Sunday premium pay rate is 1.3 times the employee's regular rate of pay.
  • 2021: Sunday premium pay rate is 1.2 times the employee's regular rate of pay.
  • 2022: Sunday premium pay rate is 1.1 times the employee's regular rate of pay.
  • 2023: Sunday premium pay rate is phased out entirely.
The phase out of Sunday premium pay is part of the "grand bargain" reached in 2018 which gradually raises the minimum wage to $15.00 per hour in 2023. For employees, this means that even though your rate of pay for Sundays is gradually decreasing, your rate of pay for all other hours is gradually increasing.

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Which Employers Must Pay Sunday Premium Wage

Generally, all retail establishments are required to pay extra for work on a Sunday. You do not have to pay if you have seven (7) or fewer employees. You also do not have to pay extra to workers who are properly exempt from overtime and work on a Sunday. In most cases, businesses cannot require an employee to work on Sunday.

Which Holidays Require Premium Pay

If an employer is required to pay Sunday premium pay, these requirements also apply to certain holidays. These are:
  • New Years Day
  • Memorial Day
  • Independence Day
  • Labor Day
  • Columbus Day after noon
  • Veterans Day after 1:00 pm
Other holidays are unrestricted. This means businesses may open and are not subject to premium pay requirements. These are:
  • Martin Luther King Day
  • Presidents Day
  • Evacuation Day
  • Patriots Day
  • Bunker Hill Day

Sunday Premium Pay and Overtime

All non exempt employees must be paid time and a half for work in excess of 40 hours a week. This applies whether or not they work on Sundays. If an employee works on a Sunday, the premium pay applies even if they have not worked over 40 hours in that week.

If the work on Sunday is also over 40 hours, the Sunday premium pay is credited toward overtime. In other words, you are not required to pay both the Sunday premium and the overtime premium for the same hours worked.

Before the law changed, Sunday pay and overtime pay were identical and 1.5 times the regular rate of pay. As the Sunday premium phases out, employers will have to make sure that hours over 40 are fully compensated at the overtime rate for non-exempt employees.

Sunday Premium Pay and Commission Based Employees

Many employers historically have not paid their commissioned inside sales employees premium pay for Sunday work. Recently the Massachusetts Supreme Judicial Court held that these employees must still be paid premium pay.

The employer in that case paid a draw against commissions that was intended to cover both minimum wage and any applicable overtime or Sunday premium. The court disagreed with that compensation method. Instead, the employer was required to pay 1.5 times the minimum wage for Sunday work in addition to the commissions earned by the sales employees.

Although this decision specifically addressed Sunday premium pay, the same logic applies to the treatment of overtime hours for non-exempt commission based employees.

Many retail businesses have employees who are paid on a commission basis. These employees frequently work on Sundays because Sundays are a popular shopping day. This means many Massachusetts employers are going to have to review and probably revise their commission plans to ensure compliance with Sunday pay and overtime laws.

Day of Rest Rules

In addition to the Sunday premium laws, many employers are required to give employees one 24 hour period off in seven days. If an employee works on a Sunday, they also must be given a 24 hour period off within the following six days.

There are exceptions to this, which can be difficult to understand. if you have employees scheduled for more than six days in a row, you should consult an employment lawyer to be sure you are in compliance with this rule. Similarly, if you have employees who work Sundays, you should make sure that either their work week ends on the following Friday, they have another day off during the week, or that you are within one of the exemptions to this rule.

How Our Employment Lawyers Can Help

Sunday premium pay laws MA employment lawyer Emily Smith-Lee
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We can help you navigate these issues and get clarity on your rights and obligations as an employer or an employee.  You can use the button below to schedule a call back from a member of our team, or give us a call at  781-784-2322.
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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers >
      • Hiring Independent Contractors in Massachusetts
      • Termination Best Practices
      • Workplace Discrimination Employer Guide
      • Employee Handbook >
        • Employee Handbook Basics
      • Paid Family Leave and Your Small Business
      • Overtime Law for Employers
      • Employee Complaints About Pay
      • Employee Non Competes
    • Advice for Employees >
      • Employment Case Assessment
      • Discrimination in the Workplace
      • Sexual Harassment at Work >
        • Sexual Harassment Resources
        • Sexual Harassment in a Small Business
        • Constructive Discharge
        • Sexual Harassment and Non Disclosure Agreements
        • Sexual Harassment and Remote Work
        • Sexual Harassment Case Studies
      • Massachusetts Paid Family Leave
      • Non Compete Agreements >
        • Are non competes enforceable
        • Massachusetts Non Compete Act
        • Pre 2018 Massachusetts Non Competes
        • Non Compete Case Studies
        • Can I Avoid My Non Compete
      • Independent Contractor Law >
        • Independent Contractor Test
        • Working As Independent Contractor
        • Independent Contractor Case Studies
        • Independent Contractor Roadmap
      • Wage and Hour Laws >
        • Massachusetts Minimum Wage
        • Overtime Law >
          • Overtime Exemptions
          • Employee Travel Time
          • Federal or State Overtime Law
        • Overtime Law Case Studies
        • Massachusetts Wage Act >
          • Payment of Commissions
          • Wage Deductions
          • Late Payment of Wages
          • Paid Time Off
        • Wage Act Case Studies
        • What Are Your Wage and Hour Rights
      • Employment Contracts in Massachusetts >
        • Restrictive Covenants
        • Promissory Estoppel
      • Employment Termination >
        • Severance Pay
        • Should I Accept a Severance?
    • Unemployment in Massachusetts >
      • Unemployment Overpayment
      • Pandemic Unemployment
      • Unemployment Case Studies
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection >
      • Why You Need an Estate Plan >
        • Why You Don't Have an Estate Plan
      • Massachusetts Estate Tax
      • Asset Protection Trusts
      • Children with Special Needs
    • Planning for Assisted Living
    • Is Your Will Enough >
      • Special Circumstances >
        • Estate Planning for Blended Families
        • Estate Planning for a Non Citizen Spouse
        • Estate Planning and Divorce
        • Estate Planning for Small Business Owners
      • Surviving Spouse's Share
      • Disinheriting Children Massachusetts
      • Updating Your Estate Plan
    • Estate Planning Documents >
      • What is a Trust >
        • Revocable trust
        • Irrevocable trust
        • Irrevocable vs revocable trust
      • Last Will and Testament
      • Durable Power of Attorney
      • Massachusetts Health Care Proxy
      • Life Estates in Massachusetts
      • Massachusetts Pet Trust
    • Probate Process >
      • Non Probate Assets
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
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    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
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