A Massachusetts employment contract will ensure both parties know what is required of each other. The employee will know their work hours, job responsibilities, and period of employment. In contrast, the employer will know how much compensation to pay the employee, that confidential information is protected (if a confidentiality clause is used), and the terms for terminating the employment.
In Massachusetts, an employment contract is valid if it includes a voluntary, legally enforceable promise, an offer, acceptance, and consideration [1] .
- Laws: Massachusetts General Laws Title XXI.
- Definition of Employee: Ch. 152 § 1(4): With some exceptions, “Every person in the service of another under any contract of hire, express or implied, oral or written.”
By Type (4)
Independent Contractor Agreement
Defines a business relationship between a contractor and a client.
Subcontractor Agreement
Allows a subcontractor to work with a contractor within the context of a larger project.
Employee Non-Compete Agreement
Prevents workers from taking employment with a competitor or setting up a competing firm.
Employee Non-Disclosure Agreement
Limits disclosure, ensuring confidentiality of sensitive information.
Hiring in Massachusetts
When writing a Massachusetts employment contract, it’s important that you know the state’s labor laws and requirements.
At-Will Employment
Massachusetts is an at-will employment state. There are also exceptions to the at-will employment rules.
Exceptions
- Public Policy: Yes
- Implied-Contract: No
- Good-Faith Exception: Yes
Minimum Wage ($/hr)
Basic Minimum Rate (per hour): $15.00 [2] .
Premium Pay After Designated Hours: Weekly – 40.
In Massachusetts, the minimum wage will always be no less than $0.50 higher than the federal minimum rate.
Child Labor
Massachusetts requires both employment certificates and age certification [3] . Employment certificates are required for minors under 18 and can be obtained from the minor’s school. Age certification is part of the employment certificate.
Payday
Massachusetts requires that hourly employees be paid either weekly or bi-weekly. On the other hand, salaried employees can be paid semi-monthly or, if mutually agreed, monthly.
Meal and Rest Breaks
Minimum paid rest periods are not required in Massachusetts. Meal breaks, however, are required. Employees in Massachusetts should be permitted to have a 30-minute meal break for every six consecutive hours they work in a day. The meal break should free the employee of all duties, and they can leave the workplace if they choose to do so.
Recordkeeping Requirements
In Massachusetts, employers with 20 or more employees are required to keep personnel records for no less than three years after their last day of work [4] on:
- Health insurance
- Child labor
- Unemployment Insurance (4 years)
Sample
Download a Massachusetts employment contract template in PDF or Word format below.
