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Massachusetts state laws? Massachusetts

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  • Massachusetts state laws? Massachusetts

    Are there any MA state laws that govern/dictate employee vacation accrual rates? Also, are there any MA state laws that address the usage of time clocks?

    I believe both issues are more company policy than state law but just covering all bases.

    I'm asking this question for someone else but I believe how you accrue your PTO time is at the discretion of your employer.

    If you need additional details to help answer the questions let me know. I'm attempting to keep this as simple and straight forward as possible.

  • #2
    Are there any MA state laws that govern/dictate employee vacation accrual rates? No.

    Also, are there any MA state laws that address the usage of time clocks No.

    If you want a more detailed answer than that, you're going to have to provide some background to the situation.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      My girlfriend asked me to check with the professionals on this website about a few issues her company is having.

      Her company (which has stores all over the country) is telling their employees that currently existing employees no longer get a certain amount of vacation time starting on their hire/anniversary date (although that is what their handbook says). The company states that MA has a PTO accrual law that only allows employees to accrue PTO based on number of hours worked.

      From reading many threads on this site I know that a company has no legal obligation to provide PTO. And that how a company allows its employees to accrue their PTO is up to the company itself. However, for some reason this company is saying that its MA state law that forces them to make their employees accrue PTO as opposed to just getting it awarded to them on their anniversary date.

      I believe the question about the time clock refers to OT. I also think that this company is stating that if an employee works OT hours, instead of being paid time-and-a-half, they can receive additional PTO time. I'm not even sure if thats legal; to substitute money earned for PTO.

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      • #4
        Agreed. There are no states in which the employer is required to offer vacation/PTO or which the state spells out the accrual rates. There are some states in which there basically is a "follow the policy" rule. I am pretty sure that MA is one of those states.

        There are no states that requires the use of time clocks. There is a federal rule on rounding that does not require the use of rounding, but if the employer chooses to use rounding, the federal rule spells out the legal manner of doing so (29 CFR 785.48). There are also federal rules (29 CFR 785.something) that require employERs to maintain time accounting records for all non-exempt employees. This tends to be a pretty generic rule that gives the employer a lot of flexibility in deciding the exact form the time accounting occurs in. Some states (CA for example) are not specific on the form, but rather require a lot more information collected then the feds require. It would be very unusual for any state to be overly specific on the exact form time accounting must take. They generally just state what information needs to be collected, and let the employer take care of the details. The original 1930/1940s era time accounting rules were so generally written that the invention of computers, the Internet and other modern time accounting methods required no revision to the original rules.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          MA requires any accrued but unused vacation time to be paid upon termination. So the company may have switched from lump sum on anniversary date to accrual to save money at terminations.

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