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Massachusetts Rest Periods: What you need to know

Federal wage and hour law does not mandate that employees be given either paid or unpaid rest or meal periods. Whether breaks are required is left up to the states. In most circumstances, Massachusetts law requires unpaid meal breaks for employees required to work more than 6 consecutive hours and requires a day of rest in each consecutive 7-day period.
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U.S. Department of Labor Wage and Hour Division regulations do specify when provided work breaks, including meal periods, rest periods, and sleeping time, must be counted as work time subject to federal minimum wage and overtime requirements (29 CFR 785.18 et seq.).
Domestic workers. Under the Domestic Workers’ Bill of Rights, the working time of domestic workers must include sleep, rest, and meal breaks unless the worker is clearly off duty and able to use the time for purely personal activity, either on or off the premises. When an employee works 24 consecutive hours or more, all meal times, rest periods, and sleeping periods will be considered working hours. If both the employer and the employee agree, the employee may choose not to take an 8-hour sleep break during a 24-hour shift. Domestic workers are required to have 24 consecutive hours off for each 40 hours they work in a week and 48 consecutive hours off every month.
Under Massachusetts law, no employee may be required to work for more than 6 consecutive hours without an interval of at least 30 minutes for a meal (MA Gen. Laws Ch. 149 Sec. 100). An employee must be free to leave the workplace during the break. An employee can voluntarily give up the meal break but must be paid for all hours worked. Compensation for the 30-minute meal break must be paid if the employee has ...

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We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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