I'm a cook in Mass, and I was wondering if my employer had to pay be overtime for working on Labor Day (tomorrow). I'm rather sure I'm non-exempt, working less than 40 hours a week and being an entry level cook. Thanks

-Josh

Although MA is one of only two states that ever requires premium pay for working on a holiday, it is only requires for those in the retail industry and only on six specific holidays, of which, I grant you, Labor Day is one.

Since you are not in retail, your employer is not required to pay any kind of premium pay for your working tomorrow. They may if they choose, but if they choose to pay at straight time, that's legal.

But we sell food! It's an item that we tax! *sigh*, I suppose I'll just ask a manager tomorrow. Thanks

-Josh

I have a part time job working at a hotel. We charge a tax on the rental of the rooms. That doesn't make us a retail establishment.

If your manager chooses to pay a premium for working on the holiday that's fine. They are at liberty to do so, and many employers will. But they are not required to.