Hiring Laws in Massachusetts

Massachusetts employment laws are among the most comprehensive and worker-protective in the United States. The state’s Department of Labor Standards, Massachusetts Commission Against Discrimination (MCAD), and the Massachusetts Attorney General’s Fair Labor Division oversee most employment standards, including wage and hour rules, anti-discrimination protections, new hire reporting, and workplace safety.

One of the most notable aspects of Massachusetts employment law is its progressive stance on worker protections, particularly regarding anti-discrimination coverage, minimum wage standards, and paid family and medical leave. Massachusetts was the first state to pass a minimum wage law in 1912 following the Lawrence Textile Strike, and the state continues to lead on worker protection initiatives.

These rules reflect Massachusetts’ commitment to being a leader in worker protection with some of the strictest employment standards in the nation.

Massachusetts Hiring Laws

Anti-Discrimination and Equal Opportunity Laws

The Massachusetts Fair Employment Practices Act (FEPA), codified under Mass. Gen. Laws, Chapter 151B, protects an employee from discrimination based on their race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, and disability.

Chapter 151B applies to all employers with at least six employees. Why the 6-employee threshold? Massachusetts’ approach differs significantly from federal Title VII, which applies only to employers with 15+ employees. The state determined that discrimination can occur in smaller workplaces and that workers deserve protection regardless of company size. It protects both private and public employees, including employees of private companies and non-profits as well as employees of towns and the Commonwealth of Massachusetts.

Recent expansions: As of July 1, 2018, Massachusetts equal pay law provides more clarity as to what constitutes unlawful wage discrimination and adds protections to ensure greater fairness and equity in the workplace. Additionally, MGL c. 4, § 7 defines protective hairstyles historically associated with race, extending protections to include natural hair and cultural hairstyles.

In 2012, Massachusetts amended its anti-discrimination laws to prohibit discrimination based on gender identity in public and private employment, housing, credit, education, and services. In 2016, Massachusetts passed the transgender public accommodations bill, protecting transgender people from discrimination in restaurants and other public places.

Employers are required to provide reasonable accommodations for individuals with disabilities and pregnant workers unless it causes undue hardship. Employers must also maintain written policies addressing non-discrimination and equal employment opportunity.

Pay Equity and Minimum Wage

The minimum wage in Massachusetts for 2025 is $15.00 per hour for employees who do not receive tips. This rate has been unchanged since 2023 when a phased increase plan ended. However, pending legislation (H1925) would set the minimum wage at $16.25 and incrementally increase it to $20.00 by 2027, with annual adjustments based on inflation beginning in 2027.

For more details, visit the Massachusetts Minimum Wage Program Page.

• Tipped employees: The minimum service rate for tipped employees earning at least $20 in tips each month is set at $6.75 per hour. Employers are legally responsible for ensuring tipped employees earn at least $15.00 per hour when wages and tips are combined. If tips fall short, employers must pay the difference.
• Exemptions: Certain roles, including agricultural workers, members of religious communities, outside salespeople, and employees in specific training programs, are exempt from the standard minimum wage requirements under Massachusetts law.
• Equal Pay: The Massachusetts Equal Pay Act (Massachusetts General Laws Chapter 149, § 105A) protects against discrimination in the workplace based upon gender/sex. Employers must retain records for at least three years demonstrating the basis for any wage differences between employees of different sexes performing substantially equal work.

Background Checks and Criminal History Rules

Massachusetts does not have a statewide ban-the-box law for private employers. Employers may inquire about an applicant’s criminal history at any point during the hiring process. However, employers should be aware that expunged or sealed records may be treated differently—if an applicant’s criminal record has been expunged or sealed, the applicant may truthfully state that the conviction did not occur.

When using third-party background screening services, the Fair Credit Reporting Act (FCRA) applies. Employers must obtain written consent before running a background check and provide adverse action notices if denying employment.

I-9 and Employment Eligibility Requirements

Like all U.S. states, Massachusetts employers are required to verify the identity and employment eligibility of new hires using Form I-9. The new hire is required to fill out Section 1 of the form by their first day of employment. You’ll need to complete Section 2 by the end of the third business day after the new employee begins work. Keep it on file for three years after the date of hire or one year after the employment ends, whichever is later.

State-Specific Hiring Rules

Massachusetts enforces additional hiring-related requirements that employers should be aware of:

Penalties for Non-Compliance in Massachusetts

Massachusetts takes non-compliance seriously. Employers who fail to follow state and federal hiring laws can face significant financial and legal consequences.

• Wage and Hour Violations: Employers who violate minimum wage, overtime, wage payment, and other wage laws are subject to civil penalties enforced by the Massachusetts Department of Labor Standards and the U.S. Department of Labor. Violations can result in back wages, liquidated damages (double the unpaid wages), and attorney fees.
• Discrimination Violations: If an employer is found liable for discriminating against an employee, remedies for a successful complainant may include, for employment cases, hiring, reinstatement or upgrading, backpay, restoration in a labor organization, and front pay. In all cases, the remedies may also include emotional distress damages, attorneys’ fees, cease and desist orders, and other relief that would fulfill the purposes of the anti-discrimination laws.
• Employee Lawsuits: An employee must file a discrimination claim at the Massachusetts Commission Against Discrimination (the “Commission”), within 300 days of the last discriminatory act. If you wait longer than the 300 days, you will be forever barred from filing a claim for discrimination.
• FCRA Violations: Improper background check procedures can result in fines of $1,000+ per applicant, with significantly higher exposure in class-action lawsuits.
• Form I-9 Violations: USCIS fines can range from $281 to $2,789 per form for paperwork errors, and $678 to $27,894 per violation for knowingly hiring unauthorized workers (as of 2025).
• New Hire Reporting Non-Compliance: If you fail to report, the penalty is up to $25 for each new employee, independent contractor, or other recipient of periodic payments who isn’t reported or is inaccurately reported. The penalty is $500 for each employee, independent contractor or other recipient of periodic payments if the failure to follow reporting requirements or the report of inaccurate information is the result of a conspiracy (agreement) between the employer, payor of income or insurance company and the employee, independent contractor or other recipient of periodic payments not to report the individual or to report inaccurate information.

Notice and Documentation HR Professionals Need to Know

HR professionals must maintain the following key documents to stay compliant:

• Completed Form I-9s for All New Hires- Federal law requires all employers to verify an employee’s identity and eligibility to work in the U.S. via Form I-9. These forms must be completed within three business days of hire and stored securely for the required retention period: either three years after the hire date or one year after termination, whichever is later. For additional guidance on I-9 compliance, consult the USCIS I-9 Handbook.
• New Hire Reporting to Massachusetts Department of Revenue- All new hires and rehires must be reported within 14 days of their hire date. Employers who have 25 or more employees must file new hire reports online through MassTaxConnect. Employers with fewer than 25 employees may report online, by mail, or by fax. Reports should include the employee’s full name, mailing address, Social Security number, date of birth, date of hire, employer FEIN, and work status (employee or independent contractor).
• Background Check Documentation- Employers must retain written consent forms, background check reports, and copies of any adverse action notices provided to applicants. These records should be kept for at least one year and demonstrate compliance with FCRA requirements.
• Written Policies on Non-Discrimination and Equal Opportunity- Employers are required to display clear, written policies outlining their commitment to equal employment opportunity and non-discrimination. These policies should be included in employee handbooks and posted in visible areas of the workplace to ensure accessibility for all staff, as required by Chapter 151B.
• Paid Family and Medical Leave (PFML) Documentation- Employers must maintain records demonstrating compliance with PFML requirements, including contributions made on behalf of employees and documentation of employee notices provided. Employers should retain copies of PFML notices and employee acknowledgments.
• Retention of Job Applications and Interview Notes- Massachusetts employers are advised to retain job applications, interview notes, and hiring records for a minimum of three years. This extended retention period (compared to federal requirements) reflects Massachusetts’ enforcement practices and the importance of documentation in discrimination investigations.
• Wage and Hour Records- Employers must maintain accurate records of hours worked, wages paid, and deductions for each employee. The Massachusetts Department of Labor Standards requires these records to be kept for at least three years and made available during audits or investigations.
• Posters and Workplace Notices- Massachusetts requires employers to display multiple notices in the workplace. Required posters include those covering minimum wage, discrimination, workers’ compensation, unemployment insurance, paid family and medical leave, domestic violence leave, and employee rights. The Fair Labor Division of the Massachusetts Attorney General’s Office provides resources and model policies through the MCAD. HR should routinely verify that all state and federal posters are up-to-date and clearly visible to employees.