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View Full Version : Labor Laws for Licensed Professionals?? Massachusetts


OffMan
04-05-2007, 01:04 PM
Question of sorts or maybe more just reassurance?

I'm fairly certain after having worked in the service industry a long time ago, that paid breaks are not guaranteed by law in Massachusetts.
But nonetheless here's my situation:

An attorney who is not technically an employee; He's employed through a staffing agency and we pay the staffing agencies on an hourly basis for his time. He told me that by law he's entitled to a 1 hour paid break per day. My own common sense tells me that's not true for numerous reasons, but I can't seem to find anything specific online.

My assumptions are that even if he was entitled to a paid break, it wouldn't be an hour. And for our company he's not technically an employee. He's not on our payroll, he doesn't receive any medical or other benefits. He is not even a 'scheduled' employee. More of a contractor I believe. His daily hours range from 3 hours to 8 hours. Plus, I'm rather certain labor laws have to be different for licensed professionals. Also, the staffing agency charges $80.00 per hour for his time of which I'm sure he only gets a portion, but if anyone was in charge of compensating him for his breaks, wouldn't it be the staffing agency?? That's of course assuming anything in his argument had any validity. Which, based on my research it doesn't appear to.

But does anyone know for sure? Because before I go ahead and argue with an attorney, I'd like to have my facts straight.

cbg
04-05-2007, 02:40 PM
The only break that is required by Massachusetts law is a 30 minute, unpaid meal break, and I'm by no means sure that exempt employees are entitled to that much. If there's any such law for "licensed professionals" I've never heard of it, and I've done HR in MA, including nearly a year contracted to a major law firm, for upwards of 20 years.

I've also spent my share of time examining Chapter 149 of the Massachusetts General Laws and can't recall seeing anything devoted to special labor laws for licensed professionals.

With all due respect to the attorneys who post here, having a law degree does not ensure that they are experts at areas of law where they do not practice. I could tell you stories about my year in that law firm and some of the misconceptions attorneys in the investment, litigation, real estate and so on areas had about employment law that are really, really scary.

Ask the attorney for the statute number that grants him this one hour paid break and let me know what he says. Seriously.

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