Arrests & Convictions
Employer w/ 6 or + Employees Prohibited From: |
Job applicants about their criminal history, any felony or misdemeanor convictions, arrests or detentions without convictions, first convictions for certain misdemeanors, misdemeanors with convictions or incarcerations over three years old, sealed or juvenile records, and sealed or expunged criminal records prior to an interview. |
Child Labor
Under 14 |
14-15 |
16-17 |
Employment is largely prohibited, with exceptions like babysitting, news carriers, farm work, and entertainment with a special permit. |
They may not work during school hours, more than 3 hours per day during school weeks, more than 8 hours per day during weeks when school is not in session, more than 18 hours per week during school weeks, or more than 40 hours per week when school is not in session. They are also prohibited from operating machinery and working in manufacturing, which would likely include most tasks in a salvage yard. |
May work up to 9 hours per day, 48 hours per week, and 6 days per week. They may not work between 10:00 p.m. and 6:00 a.m., except under certain conditions. They are prohibited from driving work vehicles, operating certain machinery, working in certain industries such as manufacturing or storing explosives, working in excavation, wrecking, demolition, or shipbreaking, and working in logging, sawmilling, or mining. These restrictions would likely prohibit them from performing many tasks in a salvage yard, particularly those involving heavy machinery or potentially hazardous materials. |
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Deductions
Permissible Deductions |
Prohibited Deductions |
In Massachusetts, employers can make certain deductions from an employee's wages, provided they are in accordance with a written request made by the employee. These include deductions for union dues, credit union deposits or loan repayments, contributions to non-profit hospital service corporations, medical service corporations, charitable corporations, and payments or contributions towards insurance policies, government bonds, or employee stock purchase plans. |
There are also certain deductions that are prohibited by law. These include deductions for coming late to work, medical exams, indirect deductions, work stoppage, tips, and uniforms. For uniforms, employers are required to reimburse employees for the actual costs of uniform maintenance if the uniforms require special treatment. If uniforms are made of "wash and wear" materials that do not require special treatment, the employer need not reimburse the employee for uniform maintenance costs. |
Discrimination
Prohibited Employer Actions |
Discrimination, Age, Military Service, Retaliation, Aiding and Abetting, Certain Criminal Information, Mental Illness, Handicap, Sexual Harassment, Pregnancy. |
Drug & Alcohol Testing
Medical Marijuana |
Recreational Marijuana |
The state's regulations do not require any accommodation of on-site medical use of marijuana in any place of employment. However, according to the Massachusetts Supreme Judicial Court, a qualifying patient who has been terminated from his or her employment for testing positive for marijuana as a result of lawful medical use of marijuana may seek a remedy against his or her employer through claims of handicap discrimination in violation of state nondiscrimination law. This implies that off-site medical marijuana use might be a permissible "accommodation". |
Massachusetts voters passed an initiative that allows certain recreational marijuana use. However, this law does not require an employer to permit or accommodate conduct otherwise allowed by the law in the workplace and does not affect the authority of employers to enact and enforce workplace policies restricting the consumption of marijuana by employees. |
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Employee Leave
Jury Duty |
Voting Leave |
SNLA |
Victim Leave |
Sick Leave |
In Massachusetts, employers, including those in the salvage yard industry, are prohibited from discharging, or denying the benefits of employment to, an employee because the employee responds to a juror summons or performs any obligation of jury service. Employers are generally required to pay regular employees their regular wages for the first 3 days of juror service. |
Employers in Massachusetts, including salvage yards, must permit employees entitled to vote to take time off to vote during the first 2 hours after the polls open. Employees must apply for a voting leave. |
The SNLA requires employers with 50 or more employees to permit certain eligible employees to take a total of 24 hours of unpaid leave during any 12-month period for purposes such as participating in school activities directly related to the educational advancement of a son or daughter, accompanying the son or daughter to routine medical or dental appointments, or accompanying an elderly relative to routine medical or dental appointments or appointments for other professional services related to the elder’s care. |
An employer with 50 or more employees in Massachusetts must permit an employee to take up to 15 days of leave from work in any 12-month period if the employee (or a family member of the employee) is a victim of abusive behavior and the employee is using the leave from work to seek or obtain medical attention, counseling, victim services or legal assistance, secure housing, obtain a protective order from a court, appear in court or before a grand jury, meet with a district attorney or other law enforcement official, or attend child custody proceedings or address other issues directly related to the abusive behavior against the employee or family member. |
Massachusetts employers, including those in the salvage yard industry, generally must provide sick leave to each employee. Employers with 11 or more employees must provide paid sick leave, generally at the rate the employees would have earned if they had worked instead of using sick leave. Employers with 1-10 employees must provide unpaid sick leave. However, employers are not required to pay out unused sick leave when an employee is terminated. Employees can use this leave for various reasons including to care for their own or a family member's physical or mental illness, injury, or medical condition, to attend a routine medical appointment, or to address the psychological, physical, or legal effects of domestic violence. |
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FMLA
Employees |
Qualifying Life Events |
Duration of Leave |
Payment |
Payment |
Payment |
Notice Requirement |
Notice Requirement |
Employees who meet financial eligibility requirements for unemployment insurance are eligible. This includes contractors with a form 1099-MISC with businesses that issue 1099-MISC tax forms to more than 50% of their workforce. |
The law allows for leave for the birth of a child, the need to care for a family member with a serious health condition, and the employee’s own serious health condition. |
Employees can take up to 12 weeks in a year for the birth of a child or to care for a family member with a serious health condition. They can take up to 20 weeks in a year for their own serious health condition. If an employee elects to use leave for more than one life event, they can take a maximum of 26 weeks in a year. |
The leave is paid. Employers must make wage deductions to fund quarterly contributions to the state. Employers are required to submit employee and (if applicable) employer contributions and reports through MassTaxConnect. |
Leave can generally be taken intermittently. |
An employer must maintain an employee’s health benefits while they are on leave. |
Upon return from leave, an employee must be restored to his or her prior position or to a similar or equivalent position. |
Upon return from leave, an employee must be restored to his or her prior position or to a similar or equivalent position. |
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