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  • Working Every Sunday Massachusetts

    My job requires that I work Every Sunday and I DO NOT get paid time and a half on Sundays I work about 55 to 65 hours a week . I do get paid overtime after 40 hours ., but I just have a problem with working EVERY Sunday . Is This legal?

    Prennis

  • #2
    Not everyone in Massachusetts is guaranteed time and a half for working on Sundays. Wish they did; I worked every Sunday for almost two years. You'll need to indicate what industry you work in before we can tell you if Sunday hours are automatically time and a half. (Note to other readers: the poster and I are discussing a law that is both industry and Massachusetts specific. If you live in another state, time and a half for Sunday work does not apply to you no matter what industry you are in.)

    Have you informed your employer that you don't want to work every Sunday?
    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
      You might find this link to the MA Blue Laws helpful.

      http://www.mass.gov/dos/bluelaw/


      .
      This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

      This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

      Comment


      • #4
        I've been working every sunday for 5-1/2 yrs. Never got time and a half. We all spoke to our manager and we suddenly started to get it. We were paid time and a half for about a month then they stopped giving it to us. When we asked about it we were told they didn't have to give it to us. I work in a warehouse that actually has 3 companies that are all sub-contracted by the parent co. All the office workers get time and a half on sunday, noone else does. Want to know what the law says. Nobody has a clear answer yet.

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        • #5
          sabby, did you read the link Compensation Counsel provided?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            I read the link, still not clear. The co. that I work for is sub-contracted by a strictly retail co. As I said, some employees get time and a half, some don't, would like an explaination.

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            • #7
              A warehouse is not a retail establishment. I'm not even sure it qualifies as a manufacturing establishment. CC, can you shed some light?
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                It's not exactly a warehouse. It is a logistics center. Everything that is delivered to us, goes out, the same morning for home delivery. If you went to the retail outlet and bought a washer, dryer or any other appliance that we carry on a friday,for instance, it would come to me on sat. or sun. and it would be del. to you the same day. All of the home delivery drivers and helpers are private contractors. The co. that I work for is sub-contracted by the parent co. to run the everyday dealings of the building.

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                • #9
                  Chapter 136, section 6 excepts out of the Blue Laws, 55 businesses. I've listed the three below that seem closest to the situation you describe. Do any of these seem to apply? If you want more, here's a link to the statute http://www.mass.gov/legis/laws/mgl/136-6.htm.

                  Note that if sub-section 50 applies, you may be entitled to pay at the overtime rate. Lastly, keep in mind that refusal to work on a Sunday shall not be grounds for discrimination, dismissal, discharge, deduction of hours or any other penalty.

                  Here's the three exceptions I thought might apply to the situation you describe:


                  (31) The transport of goods in commerce, or for consideration, by motor truck or trailer; or the loading or unloading of the same.

                  (32) The transport of goods by rail, water or air; or the loading or unloading of the same.

                  (50) The keeping open of a store or shop and the sale at retail of goods therein, but not including the retail sale of goods subject to chapter 138, and the performance of labor, business, and work directly connected therewith on Sunday. This exemption shall not apply to any legal holiday as defined in clause eighteenth of section 7 of chapter 4, but this exemption shall apply to the day following Christmas Day when Christmas occurs on a Sunday. In any year in which Christmas Day occurs on a Sunday, this exemption shall not apply to that Sunday.

                  Any store or shop which qualifies for exemption under this clause or under clause (25) or clause (27) and which employs more than a total of seven persons, including the proprietor, on Sunday or any day throughout the week, shall compensate all employees engaged in the work performed on Sunday pursuant to the provisions of this clause, or clause (25) or clause (27), excepting those bona fide executive or administrative or professional persons earning more than two hundred dollars a week, at a rate not less than one and one-half times the employee's regular rate. No employee engaged in work subject to the provisions of this clause shall be required to perform such work, and refusal to work for any retail establishment on Sunday shall not be grounds for discrimination, dismissal, discharge, reduction in hours, or any other penalty. The provisions of this paragraph shall be enforced by the office of the attorney general. The provisions of section one hundred and eighty A of chapter one hundred and forty-nine shall apply to any violation of this paragraph.
                  This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

                  This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

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                  • #10
                    Which is why I deferred to you Phil.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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